La obligación de entregar la cosa a dos o más personas conforme al artículo 1096 CC.

Abstract

The last paragraph of the article 1096 of the Civil Code provides for liability for casus fortuitus for the debtor who incurs default or is obliged to deliver the same certain thing to two or more persons, which means -a sensu contrario- that if the debtor of a certain thing does not incur default nor be bound by several creditors, he will only answer for fraud or fault. The exegesis of the article is not simple within our system of transfer of ownership. The explanation is, in our opinion, in the draft of the civil code of García Goyena, from whose article 1006 this subsection was taken (with a possible orthographic error) and in the apparent conflict between the principles res perit domino and periculum est emptoris. The analysis of both principles in Roman sources will allow us to establish their scope and meaning, making them compatible in our Law.