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Real Obligation- (obligation to give) is that in which the subject matter is a thing

which the obligor must deliver to the oblige.


Personal Obligation-(obligation to do or not to do) is that in which the subject
matter is an act to be done or not to be done.
Personal Right- is the right or power of a person to demand from another, as a
definite passive subject, the fulfilment of the latters obligation to give, to do, or not
to do.
Real Right- is the right or interest of a person over a specific thing, without a
definite passive subject against whom the right may be personally enforced.
Remedies of creditor in real obligation

Demand specific performance or fulfilment of the obligation with a right to


indemnity for damages.
Demand rescission or cancellation of the obligation also with a right to
recover damages.
Demand payment of damages only, where it is the only feasible remedy.

Generic Real Obligation- can be performed by a third person since the object is
expressed only according to its family or genus.
Ordinary Delay- is merely the failure to perform an obligation on time.
Legal Delay- is the failure to perform an obligation on time which failure
constitutes a breach of the obligation.
Factors to be considered in negligence

Nature of the obligation


Circumstance of the person
Circumstance of time
Circumstance of the place

Fortuitous Event General rule


No person shall be responsible for those events which could not be foreseen, or
which though foreseen, were inevitable.
Classification of obligation

Pure and conditional obligation- Pure obligation is one which is not


subject to any condition and no specific date is mentioned for its fulfilment
and is, therefore, immediately demandable. Conditional obligation is one
whose consequences are subject in one way or another to the fulfilment of a
condition.
Obligation with a period- is one whose effects or consequences are
subjected in one way or another to the expiration or arrival of said period or
term.
Alternative and facultative obligations- alternative obligation one where
several prestations are due but performance of one is sufficient. Facultative
obligation one where only one prestation is due but the debtor may substitute
another.
Joint and solidary obligations
Divisible and indivisible obligations
Obligation with a penal clause

Condition- is a future and uncertain event, upon the happening of which, the
effectivity or extinguishment of an obligation subject to it depends.
Suspensive Condition- the happening of which gives rise to the obligation.
Resolutory Condition- the happening of which extinguishes the obligation.
Period- is a future and certain event upon the arrival of which the obligation
subject to it either arises or is extinguished.

Effect of happening of condition

Acquisition of rights
Loss of rights already acquired

Classification of conditions
AS to effect:

Suspensive
Resolutory

As to form:

Express- the condition is clearly stated


Implied- the condition is merely inferred.

As to possibility:

Possible- the condition is capable of fulfilment, legally and physically


Impossible- the condition is not capable of fulfilment, legally or physically.

As to cause of origin:

Potestative- the condition depends upon the will of one of the contracting
parties.
Casual- the condition depends upon chance or upon the will of a third person.
Mixed- the condition depends partly upon chance and partly upon the will of a
third person

As to mode:

Positive- the condition consists in the performance of an act


Negative- the condition consists in the omission of an act.

As to numbers:

Conjunctive- there are several conditions and all must be fulfilled


Disjunctive- there are several conditions and only one or some of them must
be fulfilled.

As to divisibility:

Divisible- the condition is susceptible of partial performance


Indivisible- the condition is not susceptible of partial performance.

Positive Condition- The happening of an event at a determinate time.


Negative Condition- an event will not happen at determinate time.
Requisites 1186

The condition is suspensive.


The obligor actually prevents the fulfilment of the condition.
He acts voluntarily.