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OBLIGATIONS
Types of Obligations1.Pure 2.Conditional 3.Obligations
with a period 4.Alternative 5.Joint
6. Solidary 7. Divisible 8. Indivisible 9. Obligations
with a penal clause !
Pure obligation
not subject to any condition no specific date is
mentioned for its fulfillment, therefore immediately demandable
Types of Obligation
Conditional obligation
A conditional obligation is one whose consequences are subject in one way or another to the fulfillment of a condition
Types of Obligation
Condition
future AND uncertain event
may refer to a past event unknown to the parties
Principal kinds of condition
Suspensive condition one the fulfilment of which will give rise to an obligation !
Resolutory condition one the fulfilment of which will extinguish an obligation
Art. 1180When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Article 1197.
When obligation is demandable under Art. 1180
Before creditor can enforce performance, an action should be filed in court to fix a period for the payment of the obligation (Art. 1197) Before that, the obligation cannot be enforced.
pay when his means permit him to do so
little by little as soon as possible from time to time as soon as I have the
money
pay when his means permit him to do so
at any time I have the money
in partial payments when I am in a position
to pay
Obligations with a period
An obligation with a period is one whose consequences are subjected in one way or another to the expiration of said period or term
Types of Obligation
Period future AND certain event upon
the arrival of which the obligation or right subject to it either arises or is terminated
day certain which must necessarily come, although it may not be known when
Kinds of period According to source
LEGAL period fixed by law !VOLUNTARY period fixed by the parties
!JUDICIAL period fixed by the court
Kinds of period According to source
JUDICIAL period fixed by the court
When the debtor binds himself to pay when his means permit him to do so, the obligation is one with a period (1180). To enforce performance, creditor should file an action in court to fix a period for the payment of the obligation (1197).
Kinds of period Other classifications
SUSPENSIVE a period which must lapse before the obligation can be demanded
!RESOLUTORY a period after which the obligation is extinguished
Distinctions between period and condition
1. As to fulfillment: A condition is an uncertain event;
while a period is an event that must necessarily come, at a date known beforehand, or at a time which cannot be determined.
Distinctions between period and condition
2. As to influence on the obligation:
A condition causes an obligation to arise or to cease; while a period merely fixes the time of the efficaciousness of an obligation
Distinctions between period and condition
3. As to time: A condition may refer to the
future or a past event unknown to the parties; while a period always refer to the future
Computation of term or period
When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty five days each; months, of thirty days; days, of twenty-four hours, and nights, from sunset to sunrise. !If months are designated by their name, they shall be computed by the number of days which they respectively have. !In computing a period, the first day shall be excluded and the last day included. Art. 13
Alternative obligationAn alternative obligation is one wherein various prestations are due but the performance of one of them is sufficiently determined by the choice which as a general rule belongs to the debtor.
Types of Obligation
Art. 1200The right of choice belongs to the debtor, unless it has been expressly granted to the creditor. !The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation.
Alternative Obligations
General Rule:
Right to choose the prestation belongs to the debtor
Alternative Obligations
Exceptions: Right to choose the prestation may be exercised by
the creditor ONLY when EXPRESSLY granted to him ! Right to choose the prestation may be exercised by a
third person by COMMON agreement
Alternative Obligations
Limitation on debtors right of choice:
1. Debtor shall COMPLETELY perform one of the various prestations; he cannot select part of one and part of the other (Art. 1199)
Alternative Obligations
Limitation on debtors right of choice:
2. The debtor shall have no right to choose those prestations which are impossible, unlawful, or which could not have been the
object of the obligation. (Art. 1200)
Alternative Obligations
Joint obligationA joint obligation is one where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors
Types of Obligation
Solidary obligationA solidary obligation is one where each one of the debtors is bound to render, and/or each one of the creditors has a right to demand from any one of the debtors entire compliance with the prestation.
Types of Obligation
General Rule on Joint and Solidary Obligations
Collective obligation is presumed to be joint
General Rule on Joint and Solidary Obligations
Solidary obligation exists only when: The obligation expressly so states; The law requires solidarity; or The nature of the obligation requires solidarity
Divisible obligation
A divisible obligation is one the object of which, in its delivery or performance, is capable of partial fulfillment.
Types of Obligation
Indivisible obligation
An indivisible obligation is one the object of which, in its delivery or performance, is NOT capable of partial fulfillment.
Types of Obligation
General RuleIn determining whether an obligation is divisible or not, the controlling circumstance is not the possibility or impossibility of partial prestation but the purpose of the obligation or the intention of the parties
General Rule
Even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties
General Rule!
If the object is not physically divisible or the service is not susceptible of partial performance, the obligation is always indivisible, the intention of the parties, notwithstanding
Obligations with a penal clause
An obligation with a penal clause is one which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach.
Types of Obligation
Obligations with a penal clause!
A penal clause is attached to an obligation in order to insure performance
Types of Obligation
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