Code III - Obligations Flashcards
Natural Obligations
moral but not a judicially enforceable duty to render performance
Freely rendered performance NOT reclaimable
Strictly Personal Obligations
only enforceable by the original obligee against the original obligor
Heritable Obligations
enforceable by or against the successors
Conditional Obligations
occurrence depends on an uncertain event
Suspensive Condition
obligation is not enforced unless and until the uncertain event occurs
Resolutory Condition
immediately enforceable but ends if the uncertain event happens
Several Obligations
separate performances are owed
Joint Obligations
one performance is owed and NO joint obligor is bound for the whole
Solidary Obligations
each owes the whole performance
Conjunctive Obligations
must render multiple items of performance, each one of which may be separately rendered
Alternative Obligations
obligor is bound to render one of two or more items of performance
Divisible Obligation
object of performance may be divided
Indivisible Obligation
object of performance (by its nature or agreement) is not susceptible of division
Assumption
third person agrees to assume an obligation of the obligor
Does NOT release original obligor
Subrogation
takes the place of the obligee and the obligation is extinguished only for the original obligee
Conventional Subrogation
made by agreement
Legal Subrogation
- When obligee pays another obligee with superior rights
- when a purchaser of property uses the purchase money to pay a creditor with a real right to a property
- obligor who owes a debt with others pays that debt and has recourse against the others
- when a successor pays an estate debt with his own funds
- law provides
Transfer of immovables
generally must be in writing
Requires a Writing:
- transfer of immovable
- promise to pay the debt of a third person
- promise to pay a debt extinguished by prescription
- a compromise
- Suretyship
Novation
extinguishing of an existing obligation by the substitution of a new one
NEVER PRESUMED
Objective Novation
new performance or a new cause
Subjective Novation
substitution of a new obligor
Compensation
extinguishing two obligations simultaneously
By operation of law:
1. two persons owe each other sums of money or things identical in kind
2. these sums or quantities are liquidated and presently due
