OBLICON M3 Flashcards
An obligation whose performance does not depend upon a future or uncertain event, or upon a past
event unknown to the parties, demandable at once
Pure obligation
An obligation subject to a condition and the effectivity of which is subordinated to the fulfillment or
non-fulfillment of a future and uncertain event, or upon a past event unknown to the parties
Conditional obligation
an event which is future and uncertain, upon which the efficacy or extinguishment of
an obligation depends.
It has two requisites: first, futurity; and second, uncertainty.
Condition
An uncertain but past event itself can never constitute a condition because in order to be classified
as a condition, the requisites of futurity and uncertainty are required. Neither can it constitute a
term or period because in order to be classified as a term or period, the requisites of futurity and
certainty are required. But the proof or ascertainment of the fact or event, as distinguished from the
fact or event itself may either constitute a condition or a term depending upon the circumstances of
each case
Uncertain but past event as a condition
The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment
Constructive fulfillment of a condition
A condition the fulfillment of which will give rise to the acquisition of a right. While the condition
has not arrived yet, in the meantime, the rights and obligations of the parties are suspended.
Suspensive condition
A condition which requires a positive act on the part of the obligor that gives rise to the acquisition
of rights.
Positive suspensive condition
A contract to sell, the obligation to deliver the subject properties becomes demandable only upon
the happening of the positive suspensive condition (payment of full purchase price). Without full
payment, there can be no breach of contract to speak of because the seller has no obligation yet to
turn over the title
Positive suspensive condition
An act, which if not done, would give rise to a cause of action against the obligor. It contemplates a
situation where rights are already acquired but subject to an obligation, the non-fulfillment of
which does not affect the rights already acquired but merely gives a cause of action in favor of the
other party. In a contract of sale, the buyer’s nonpayment of the price is a negative resolutory
condition. In such case, the seller has lost and cannot recover the ownership of the property unless
he takes action to set aside the contract of sale
Negative resolutory condition
A condition which depends upon the will of one of the contracting parties
Potestative Condition
If the condition is potestative in the sense that its fulfillment depends exclusively upon the will of
the debtor, and the same is suspensive, both the condition and obligation are VOID.
Effects of potestative conditions upon the obligation
However, if the condition is a pre-existing one or the condition is resolutory, only the condition is
void, leaving the obligation itself valid because what is left to the sole will of the debtor is not the
existence or the fulfillment of the obligation but merely its extinguishment.
Effects of potestative conditions upon the obligation
It is the performance or the fulfillment of the condition which depends upon chance and/or the will
of a third person.
Casual condition
It is the performance or fulfillment of the condition which depends partly upon the will of a party to
the obligation and partly upon chance and/or the will of a third person.
Mixed condition
Other types of conditions
Positive
Negative
Divisible
Indivisible
Conjunctuve
Alternative
Possible
Impossible
It involves the doing of an act;
Positive
It involves the omission of an act;
Negative
It is susceptible of partial performance;
Divisible
It is not susceptible of partial performance
Indivisible
There are several conditions in an obligation all of which must be
performed;
Conjunctive
There are several conditions in an obligation but only one must be
performed;
Alternative
It is capable of fulfillment according to the nature, law, public policy or good
customs;
Possible
It is not capable of fulfillment according to nature, law, public policy or good
customs
Impossible
Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that
day comes
Obligation with a period or a term
A certain length of time which determines the effectivity or the extinguishment of the obligations.
Term or period
Requisites of a valid period or term
Future
Certain
Possible, legally, and physically
It is understood to be that which must necessarily come, although it may not be known when.
“Day certain”
It is something that will surely happen but the date of happening is
unknown. e.g. “I will pay when my means permit me to do so.”
Indefinite
Effect of the term or period
When it is for the benefit of the creditor
When it is for the benefit of the debtor
Creditor may demand the performance of the
obligation at any time but the debtor cannot compel him to accept payment before the expiration of
the period.
When it is for the benefit of the creditor
Debtor may oppose any premature demand on the part
of the creditor for performance of the obligation, or if he so desires, he may renounce the benefit of
the period by performing his obligation in advance.
When it is for the benefit of the debtor
It only relieves the contracting parties from the fulfillment of their respective obligation during the
term or period.
Effect of a fortuitous event to an obligation with a period
It is an obligation where the debtor is alternatively bound by different prestations but the complete
performance of one is sufficient to extinguish the obligation.
Alternative obligation
It is an obligation where the debtor, who has a reserved right to choose another prestation or thing,
is bound to perform one of the several prestations due or to deliver a thing as a substitute for the
principal.
Facultative obligation
An obligation where the debtor has to perform several prestations; it is extinguished only by the
performance of all of them.
Conjunctive obligation
When choice is rendered impossible through the creditor’s fault, the debtor may bring an action to
rescind the contract with damages
Impossibility of choice due to creditor’s acts
When there are various debtors or creditors and the obligation is joint, the consent of all is
necessary to make the selection effective, because none of them can extinguish the entire
obligation.
Plurality of parties
One where the credit or debt shall be presumed to be divided into as many equal shares as there
are creditors or debtors, the credits or debts being considered distinct from one another (NCC, Art.
1208). Each debtor is liable only for a proportionate part of the debt and each creditor to his
proportionate share to the credit.
Joint obligations
Other terms for joint obligations are:
joint simply; mancomunada; or
pro rata.
It is where each of the debtors obliges to pay the entire obligation, while each one of the creditors
has the right to demand from any of the debtors, the payment or fulfillment of the entire obligation
Solidary obligations
The obligation is joint because the parties are merely proportionately liable. It is indivisible
because the object or subject matter is not physically divisible into different parts. In other
words, it is joint as to liabilities of the debtors or rights of the creditors but indivisible as to
compliance (De
JOINT INDIVISIBLE OBLIGATIONS
Each one of the debtors is obliged to pay the entire obligation, and each one of the creditors has the
right to demand from any of the debtors the payment or fulfillment of the entire obligation.
SOLIDARY OBLIGATIONS
Kinds of solidary obligation
Passive
Active
Mixed
Solidarity on the part of the debtors;
Passive
Solidarity on the part of the creditors;
Active
Solidarity on both sides.
Mixed
Those which have as their object a prestation which is susceptible of partial performance with the
essence of the obligation being changed.
Divisible obligations
Those which have as their object a prestation which is not susceptible of partial performance,
because otherwise the essence of the obligation will be changed. The obligation is clearly indivisible
because the performance of the contract cannot be done in parts, otherwise, the value of what is
transferred is diminished
Indivisible obligations
Whether or not the prestation is susceptible of partial performance, not in the sense of performance
in separate or divided parts, but in the sense of the possibility of realizing the purpose which the
obligation seeks to obtain. It is indivisible, if a thing which could be divided into parts and as
divided, its value is impaired disproportionately
Test of divisibility
Effect of illegality of a part of a contract
Divisible contract
Indivisible contract
the illegal part is void and unenforceable, meawhile, the legal part is
valid and enforceable
Divisible contract
the entire contract is void and unenforceable.
Indivisible contract
is one with an accessory undertaking by virtue of which the
obligor assumes a greater liability in case of breach of the obligations
OBLIGATIONS WITH A PENAL CLAUSE
an accessory undertaking to assume greater liability in case of breach. It is
attached to an obligation in order to insure performance. The penalty is generally a sum of money.
But it can also be any of the thing stipulated by the parties, including an act or abstention.
Penal clause
