Different Kind of Obligaton Flashcards
one without a term or condition and is demandable at once
Pure obligation
What kind of obligation?
Example: I promise to give you P5, 000.00. This is immediately demandable since there is no term that must expire or a condition that must happen for the obligation to be
demandable.
Pure obligation
one whose demandability or
extinguishments depends upon the happening of a condition.
Conditional obligations
Examples: (1) I will give you my car if you pass the CPA Examination.
What kind of condition is this?
The condition here is suspensive. You may not demand the delivery of my car until you pass the CPA Examination.
Examples: (2) I will let you see my car until you pass the CPA Examination
What kind of condition is this?
The condition here is resolutory. You may demand the delivery of my car now but you must return it to me when you pass the CPA Examination.
It is an uncertain event which wields an influence on a legal relationship.
Condition
this is a condition the happening of which will give rise to the obligation. This is
also called condition antecedent or condition
precedent. Here, the demandability of the
obligation is suspended until the happening of the condition.
Suspensive Condition
this is a condition the happening of which sting bushes the obligation. This is
also called condition subsequent. The obligation is demandable at once but it shall be extinguished upon the happening of the condition.
Resolutory Condition
a condition that depends upon
the will of one of the contracting parties
Potestative Condition
A condition that depends upon the chance or upon the will of a third person.
Examples :(1) D is to give X 50,000 if he wins first prize in the lotto on the bet he
plays this morning. (2) D is to give C 50,000 if X goes to Baguio.
Casual Condition
A condition that depends partly upon the will of one of the parties and partly upon
the chance or upon the will of a third person.
Example: D is to give X 50,000 if X will marry C.
Mixed Condition
one that is capable of fulfillment in its nature and by law.
Possible Condition
one that is not capable of
fulfillment in its nature, such as “if you can swim across the pacific ocean,” or due to
operation of law, such as if you kill x. In this case, the obligation and the conditions are void. (Art. 1183).
Impossible Condition
This is a condition that some event happened at a determinate time. Here, the obligation is extinguished as soon as the time expires or it has not been indubitable that the event will not take place.
Positive Condition
This is a condition that some
event will not happen at a determinate time. Here, the obligation becomes effective as soon as the time indicated has elapsed or it has become evident that the event will not occur. Art 1185
Negative Condition
one that is capable of partial
performance.
Divisible Condition
one that is not capable of partial performance by its nature or by law or agreement of the parties
Indivisible
EFFECT OF FULFILLMENT OF SUSPENSIVE CONDITION
(ART. 1187
GENERAL RULE: THE EFFECT OF THE FULFILLMENT OF
THE SUSPENSIVE CONDITION RETROACTS TO THE DAY OF
THE CONSTITUTION OF THE OBLIGATION.
EXCEPTIONS: There shall be no retroactive effect with respect
to the fruits and interest as follows:
- In reciprocal obligations, the fruits and interest shall be
deemed to have been mutually compensated, each party
shall keep the fruits and interest received by him prior to the
fulfillment of the condition. - In unilateral obligations, the debtor keeps the fruits and
interest received before the fulfillment of the condition.
RIGHTS OF THE PARTIES BEFORE THE FULFILLMENT OF THE CONDITION (ART. 1188)
- Creditor- he may bring the appropriate actions for the
preservation of his rights, such as for registering his
claim with the register of deeds, if appropriate , to notify
all third persons , or asking the debtor to provide the
security if the debtor is about to become insolvent . - Debtor- he may recover what he has paid by mistake
RULES IN CASE OF LOSS, DETERIORATION OR
IMPROVEMENT OF DETERMINATE THING BEFORE THE FULFILLMENT OF THE SUSPENSIVE CONDITION (Art. 1189)
- Loss of the thing
a. Without the debtor’s fault- obligation is
extinguished.
b. With the debtor’s fault- debtor is obliged to pay
damages.
A thing is considered ____ when it perishes or goes out of commerce or disappears in such a way that its existence is unknown or it can be recovered.
lost
is one that arises from the same cause and in which each party is a debtor and a creditor of the other, such that the obligation of one is dependent upon the obligation of the other
Reciprocal Obligation
is one which demandability
or extinguishment is subjected to the expiration of the term which must necessarily come. In other words, there is a day certain when the obligation will arise or cease
Obligation with a period
is a space of time which determines effectivity or extinguishment of an obligation.
Period
Thus, the space of time between
January 1 2015 and January 1 2016 is a period the lapse of which will cause an obligation to arise or cease.
is that which must necessarily come although it may not be known when. (Art. 1193). An example is the death of a person which will necessarily come.
Certain
Thus, if the obligation of
D is to give C 10,000 when X dies, the obligation is one with a
period.
Period distinguished from condition
- As the fulfillment
A condition is an event that may or may not happen; a
period is an event that must necessarily come, at a date
known beforehand, or at a time that cannot be determined.
- As to time
A condition referred to the future or to a past event a
known to the parties; a period always refer to the future.
- As to influence on the obligation
A condition causes an obligation to arise or to cease; a
period merely fixes the time for the efficaciousness of an
obligation.
- As to the will of the debtor
A period that depends upon the will of the debtor authorize is the court to fix its duration. (ART. 1197, par 2), while a condition that depends upon the will of the debtor which is
suspensive shall and annual the obligation.
Kinds of period
- Ex die
- In diem
this is a period with a suspensive effect. Here, the obligation becomes demandable upon the lapse of the period. Art. 1193.
Ex die
this is a period with resolutory effect. Here, the obligation is demandable at once but extinguished upon the lapse of the period. In diem, Latin for “until a certain day”
In diem
a period that is fixed by law.
Legal
this is fixed by the parties.
Voluntary
one that is fixed by the court.
Juridical
Problem
“I will pay you my debt when my means permit me to do so.” Is this an obligation with a period or with a condition?
Answer: this is an obligation with a period. Here, the remedy of the creditor is to ask the court to fix the period. Art. 1180, 1197. Once the court has fix the period, it may no longer change it as it becomes a part of the agreement by the parties.
one where there is only one prestation
Simple
one where there are several prestations.
Compound
here, several prestations or due but all
must be performed.
Conjunctive
this me either be alternative
or facultative.
Distributive or disjunctive
is one where several prestations are due but the complete performance of one of them is sufficient extinguish the obligation. (Art. 1199)
Alternative obligations
The right of choice belongs to the ____ unless it has
been expressly given to the creditor. (Art. 1199.)
debtor
An obligation where only one prestation is due but the debtor may render another in substitution.
Facultative Obligation
Example: D is obliged the deep is specific ring to C agreement
that D may deliver a specific watch as a substitute.
Facultative obligation
Alternative or Facultative obligation?
- Several prestations are due, but the performance of one
is sufficient to extinguish the debt. - Is there are void prestations, the other me still be valid,
hence, the obligation remains. - The right of choice is when the debtor, unless expressly
given to the creditor. - If all prestations are impossible except one, that which is possible must still be given
Alternative Obligations
Alternative or Facultative obligation?
- Only one prestation, the principal obligation is due.
- If the principal obligation is void, the debtor is not
required to give the substitute. - The right of choice belongs to the debtor only.
- The principal obligation is impossible the debtor is not
required to give the substitute.
Facultative obligations
each debtor is liable only for a
proportionate part of the debt, and each creditor is entitled only to a proportionate part of the credit.
Joint Obligation
each debtor is liable for the
whole obligation, and each creditor is entitled to demand
payment of the whole of obligation.
Solidary Obligation
This is solidarity on the part
of the debtors
Passive solidarity
This is solidarity on the part of the creditors
Active Solidarity
solidarity on the part of both debtors and creditors.
Mixed Solidarity
is one capable of partial
performance (such as the obligation to deliver 10 sacks of rice).
Divisible obligation
one not capable of partial
performance (such as the obligation to deliver a specific car).
Indivisible obligation
is one which provides
for greater liability on the part of the debtor in case of non-compliance
Obligation with a penal clause
The ______ is generally
undertaking to ensure performance and works as either , or
both , punishment and reparation.
penal clause
