Kinds of Obligations Flashcards
is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.
Pure Obligation
is one whose effectivity or extinguishment does not depend upon the fulfillment or non-fulfillment of a condition or upon the expiration of a term or period, and which, as a consequence, is characterized by the quality of immediate demandability.
Pure Obligation
the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.”
Conditional Obligation
Is one whose effectivity or extinguishment
depends on the fulfillment or non-fulfilllment of a condition.
Conditional Obligation
Is a future and uncertain event, upon the
happening of which, the effectivity or
extinguishment of an obligation(or right) subject to it depends.
Condition
Determines the existence of an obligation.
Condition
Characteristics of Condition
Future and Uncertain, Past but Unknown
the event must be both future
and uncertain. Its very occurrence and the time of
such occurrence must be uncertain.
Future and Uncertain
a condition may refer to a past
event unknown to the parties.
Past but Unknown
cannot be a condition because it is not
future and uncertain event, more properly called as
“basis”, although proof of past event may be a condition.
Past Event
Primary Kinds of Condition
Suspensive Condition, Resolutory Condition
Other Kinds of Condition
Potestative condition
Casual condition
Mixed condition
Impossible condition
Positive condition
Negative condition
the happening of which gives
rise to an obligation (condition precedent or
antecedent)
suspensive condition
the happening of which
extinguishes the obligation (condition subsequent)
Resolutory Condition
where the fulfillment
depends upon one‘s will (either the debtor,
creditor or a third person)
Potestative Condition
when the fulfillment of the
condition depends upon chance
Casual Condition
when the fulfillment of the condition
depends partly upon one‘s will and partly upon chance
Mixed Condition
that which is not capable of
fulfillment because it is contrary to the law of nature or
contrary to law, morals, public order or public policy.
Impossible Condition
when they, in
nature of things, cannot exist or cannot be done.
Physically Impossible Condition
when they are contrary to law, morals, good customs, public order. or public policy
Legally Impossible Conditions
the happening of an
event at a determinate time. The obligation is
extinguished:
Positive (Suspensive) Condition
is an event that will not happen at
a determinate time. The obligation shall become effective and binding:
Negative Obligation
Perishes
Physical Loss
Goes out the commerce of
man
Legal Loss
Disappears in such a away that its existence in unknown or it cannot be recovered
Civil Loss
Loss
- Perishes (physical loss)
- Goes out the commerce of
man (Legal loss) - Disappears in such a away
that its existence in
unknown or it cannot be
recovered (Civil loss)
Any reduction or impairment in the
substance or value of a thing which
does not amount to a loss. The thing
still exists at the time the condition
is fulfilled, but it is no longer intact,
or is less than what it was when the
obligation was constituted.
Deterioration
Anything added to, incorporated in
or attached to the thing that is due.
Improvement
–When only one party is obliged to comply with a
prestation (e.g. donation)
Unilateral
–When both parties are mutually bound to each other
Bilateral
are those arise from the same cause and in which party is a debtor and creditor of the other, such the performance of one is designed to the equivalent and the condition for the performance of the other.
Reciprocal
–those which do not impose simultaneous and correlative performance on both parties. (e.g. X borrowed from Y P5,000. Y borrowed X’s car. )
Non-reciprocal
A space of time which, exerting an influence on obligations as a consequence of a juridical act, suspends their demandability or determines their extinguishment.
Obligation with a Period
all prestations must be performed to
extinguish obligation
Conjuntive
one or some prestations must be
performed to extinguish obligation
Disjunctive
Debtor must perform one of several
prestations, choice belongs to debtor UNLESS expressly given to the creditor
Alternative Obligation
One principal prestation but one or
more substitutes, choice belongs to debtor only
Facultative Obligation
one where there is only one obligor or obligee
Individual
one where there are two or more debtor and/or
two or more creditors
Collective
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.
Joint Obligation
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 of the debtors, entire compliance with the prestation.
Solidary Obligation
solidarity of creditors; each has the right to collect the whole prestation from the common debtor
-The credit and its benefit are divided equally among the creditors UNLESS there is an agreement among them to divide
differently
Active
solidarity of debtors; each is liable to pay the whole to the common creditor
(Mutual guaranty)
Passive
simultaneously active and passive
Mixed
same terms and condition for all or
the same stipulations for all
Uniform
when the parties are not subject to the same obligations
Varied or Non-uniform
is one the object
of which, in its delivery or performance, is
capable of partial fulfillment.
Divisible Obligation
is one the object of which, in its delivery or performance, is not capable of partial fulfillment.
Indivisible Obligation
or one based on quality, not on the number
of the things which are the object of the obligation.
qualitative division
or one based on quantity rather than on
quality
quantitative division
or one which exists only in the minds of
the parties
intellectual division
is one which can stand by
itself and does not depend for its validity and
existence upon another obligation.
Principal Obligation
is one which is attached
to a principal obligation and therefore, cannot stand alone.
accessory obligation
Is one which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach.
Obligation with penal clause
Is an accessory undertaking attached to an obligation to assume greater liability in case of breach, i.e., the obligation is not fulfilled, or is partly or irregularly complied with.
Penal Clause
when the penalty is
imposed merely as punishment for breach
punitive penal clause
when the penalty
takes the place of damages
compensatory penal clause
when only the penalty can be enforced
Subsidiary or alternative penal clause
when both
the principal obligation and the penal clause can be
enforced.
Joint or cumulative penal clause-
those which requires the debtor to give
Real Obligation
those which requires the debtor to do or not to do something
Personal Obligation
those which are capable of being accomplished by the debtor in accordance with nature or in law
Possible Obligation
Those which are not capable of being accomplished by the debtor in accordance with nature or in law
Impossible Obligation
an obligation that is subject to the fulfillment of an event that is certain to happen, although the date may not be known as of the moment
obligation with a term
the debtor is obliged to give or do something in favor of the creditor
Positive Obligation
when the debtor is forbidden to do something
Negative Obligation
obligations which are expressly provided by law
Legal Obligation
obligations which are created by the agreement of the parties
Conventional Obligation
an obligation where there is only one prestation
Single Obligation
an obligation wherein there is no provision of penalty in case there is a default
simple obligation
an obligation which already provides a sort of penalty for violation of its terms
obligation with penalty/penal clause
