Oblicon Chap 3 New(?) Flashcards
- What are the primary classifications of Obligations under the New Civil Code?
- Pure Obligation
- Obligations with a period
- Alternative Obligation
- Facultative Obligation
- Joint Obligation
- Solidary Obligation
- Divisible Obligation
- Indivisible Obligation
- Obligation with a penal clause
- What are the secondary classification of obligations under the New Civil Code?
- Legal Obligation
- Conventional Obligation
- Penal Obligation
- Real Obligation
- Personal Obligation
- Determinate or specific obligation
- Indeterminate or generic obligation
- Positive Obligation
- Negative Obligation
- Unilateral Obligation
- Bilateral Obligation
- Civil Obligation
- Natural Obligation
- Accessory Obligation
- Principal Obligation
- Individual Obligation
- Collective Obligation
- What is a pure obligation?
An obligation whose performance does not depend upon a future or uncertain event or upon a past event unknown th the parties and which is demandable at once.
- What is a conditional obligation?
An obligation where 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.
What is a condition?
has been defined as “every future event and uncertain event upon which an obligation is made to depend. 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
When the obligation assumed by a party to a contract is expressly subjected to a condition,
the obligation cannot be enforced against him unless the condition is complied with
What is a suspensive obligation?
The fulfillment of the condition results in the acquisition of rights arising out of the obligation
What is a resolutory condition?
The fulfillment of the condition results in extinguishment of rights arising out of the obligaiton
In suspensive condition, if the condition is fulfilled the obligations arises or becomes effective. In resolutory condition?
when the condition is fulfilled, the obligation is extinguished
In resolutory condition, if the condition is not fulfilled the juridical relation is consolidated. In suspensive condition?
If the suspensive condition is not fulfilled, no juridical relation is created
What is a potestative condition?
The fulfillment of the condition depends upon the will of one of the parties
In suspensive condition, rights are not yet acquired, but there is a hope or expectancy that they will soon be acquired. In resolutory condition?
Rights are already acquired, but subject to the threat of extinction
What is a casual condition?
The fulfillment of the condition depends upon chance and/or upon the will of a third person
What is a mixed condition?
The fulfillment of the condition depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person
In mixed conditional obligation when the condition was not fulfilled but the obligor did all in his power to comply with the obligation, what is assumed?
It is assumed that the condition has been satisfied
What is a possible condition?
The condition is capable of realization according to nature, law, public policy, or good customs.
What is an impossible condition?
The condition is not capable of realization according to nature, law, morals, good customs, public order or public policy.
What is meant by physical in conditions as to possibility?
Is something that is contrary to the law of nature
What is meant by legal in conditions as to possibility?
Is something that is contrary to law, morals, good customs or public policy.
What is a positive condtion?
The condition involves the performance of an act
What is a negative condition?
The condition involves the non-performance of an act
What is a divisible condition?
The condition is susceptible of partial realization
What is indivisible condition?
The condition is not susceptible of partial realization
What is a conjunctive condition?
There are several conditions, all of which must be realized