for SF Flashcards
Classification of Obligations under the Civil Code
Pure obligations
Conditional obligations
Obligations with a period
Alternative obligations
Joint obligations
Solidary obligations
Divisible obligations
Indivisible obligations
Obligations with a penal clause
Article 1179. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once.
Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event.
Pure and Conditional Obligations
When the obligation contains no term whatever upon which depends the fulfilment of the obligation, it is considered pure
PURE OBLIGATIONS
A ___ is one which is subject to a condition.
CONDITIONAL OBLIGATIONS
It is a future AND uncertain event — upon which the acquisition or resolution of rights is made to depend by those who execute the juridical act
condition
A ___ is a certain length of time which determines the effectivity or the extinguishment of obligations.
period
A period has reference to a ___ which is understood to be that which must necessarily come, although it may not be known when.
“day certain”
KINDS OF OBLIGATIONS BASED ON THE PLURALITY OF OBJECTS
Conjunctive
Alternative
Facultative
one where the debtor has to perform several prestations. This is extinguished only by the performance of all of them
Conjunctive
one where out of the two or more prestations which may be given, only one is due
Alternative
one where only one prestation has been agreed upon but the obligor may render another in substitution
Facultative
one in which each of the debtors 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 creditor can only recover his share of the obligation and each debtor can only be made to pay his part.
Joint obligation
one in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation.
Solidary obligation
Each creditor may enforce the entire obligation, and each debtor may be obliged to pay it in full.
Solidary obligation
if there are multiple creditors who are bound solidarily
Active solidarity
if there are multiple debtors who are bound solidarily
Passive solidarity
one which is susceptible of partial performance, that is, the debtor can legally perform the obligation by parts and the creditor cannot demand a single performance of the entire obligation.
Divisible obligations
when the obligation cannot be validly performed in parts, whatever may be the nature of the thing (divisible or indivisible) that is the object thereof
Indivisible obligations
It is a coercive means to obtain from the debtor compliance from the debtor.
penal clause
A ___ is an accessory undertaking to assume greater liability in case of breach. It is attached to obligations in order to insure their performance
penal clause
Its principal purpose is to ___ and also to substitute for damages and the payment of interest in case of non-compliance
insure the performance of an obligation
