Which statement correctly describes the creditor's rights to fruits prior to delivery?

Which statement correctly describes the creditor's rights to fruits prior to delivery?

• A. The creditor has a personal right to ask for delivery from the time the obligation to deliver arises, but no real right until delivery.
• B. The creditor has a real right enforceable against everyone before delivery.
• C. The creditor has no right to request delivery until the property is delivered.
• D. The creditor's rights to fruits are independent of delivery timing.

Answer: (A)

The key idea is that the creditor’s rights before delivery are personal, not real. When the obligation to deliver arises, the creditor may sue to compel performance, but ownership and the right to the fruits of the thing do not transfer until delivery occurs. Until that moment, the thing remains the debtor’s property, including its fruits, so the creditor cannot have a real right enforceable against everyone over the fruits. The creditor’s remedy is to demand delivery; only after delivery would the creditor acquire ownership and the associated fruits, subject to any agreement. This matches the statement that the creditor has a personal right to demand delivery from the outset, but no real right until delivery.

The key idea is that the creditor’s rights before delivery are personal, not real. When the obligation to deliver arises, the creditor may sue to compel performance, but ownership and the right to the fruits of the thing do not transfer until delivery occurs. Until that moment, the thing remains the debtor’s property, including its fruits, so the creditor cannot have a real right enforceable against everyone over the fruits. The creditor’s remedy is to demand delivery; only after delivery would the creditor acquire ownership and the associated fruits, subject to any agreement. This matches the statement that the creditor has a personal right to demand delivery from the outset, but no real right until delivery.