Explanation of Article 168
This article addresses the effect of non-delivery on the liability for loss or damage. It stipulates that the obligation to transfer a real right includes the obligation to deliver the item and preserve it until delivery. If the debtor fails to deliver it until it is lost or damaged, the liability falls on him. If the subject of the obligation is an act that includes the delivery of an item, and the debtor fails to deliver it after being warned until it is lost or damaged, the liability falls on him, unless it is proven that the loss or damage would have occurred even if the item had been delivered to the creditor.
Related To
Article 168
If a debtor is required to safekeep or manage a thing, or to exercise due care in performing his obligation, he shall be deemed to have performed his obligation if he exercised reasonable care, even if the intended purpose was not achieved, unless a legal provision stipulates otherwise. However, if a specific result is required, the obligation shall be deemed to have been performed only if said result is achieved.