Transcript of "Kinds of judicial obligation"

1. KINDS OF OBLIGATION
2. As to Sanctionn Civil or perfect obligation . It is an obligation whose
sanction is law.n Natural Obligation or naturalis obligatio is one enforceable
by law but nevertheless binding on the obligor by dictate of his conscience
and the basic postulates of natural law, justice and equity.n Moral Obligation
is a duty imposed by ethical or religious belief.
3. As to Subject Mattern Real Obligation . The obligation to given Personal
Obligation . The obligation to do or not to do.
4. As to Number of Persons Obliged n Unilateral Obligation . Is one where only
one party is bound. Only one party undertakes a performance. n Bilateral
Obligation . Is one where both parties are bound, as in the contract of sale.
5. As to Mode of Performancen Positive Obligation . Is an obligation to give
and to do, the essence is affirmative actionn Negative Obligation . Is an
obligation not to give or not to do, the essence is inaction or non-action.
6. As to Sequence of Performance n Primary Obligation . The principal object
of the contract. n Secondary Obligation . One which is contracted and is to be
performed in case the primary obligation cannot be performed.
7. As to Objectn Principal Obligation . One which arises from the principal
object of the engagement of the contracting parties.n Accessory Obligation .
One which depends upon or peripheral or collateral to the principal
8. Kinds of Obligations Under the Civil Code n Pure and Conditional
Obligation. n Obligation with a Period n Alternative Obligation n Joint and
Solidary Obligation n Divisible and Indivisible Obligation n Obligation with a
Penal Clause
9. Pure ObligationEvery obligation whose performance does not depend upon
a future or uncertain event, or a past event unknown to the parties, is
demandable at once and is called a pure obligation.
10. Conditional ObligationConditional obligation is one the fulfillment of which
is dependent upon the happening of an event.THE CONDITION MAY BE;
11. n Suspensive or Condition Parecedent wherein the happening of the
condition gives rise to the obligation. The obligation is not to take effect until
the event happens, it is a suspensive conditionn Resolutory Condition or
Condition Subsequent wherein the happening of the condition extinguishes
the obligation, obligation with resolutory condition take effect at once, but
terminate upon the happening of the event.n Potestative wherein the

condition depends upon the will of the debtor. (Invalid Condition, Art. 1182)n
Casual wherein the condition depends upon chance, or on the will of the
third personn Impossible Conditions those contrary to good customs or
public policy and those prohibited by law, shall annul the obligation which
depends upon them.
12. Obligations with a Period or TermObligations for whose fulfillment a day
certain has been fixed is called an obligation with a period or term and is
demandable only when that day comes.In obligation with a period , the
general rule is that it is presumed that the period has been established for
the benefit of both creditor and debtor
13. In the following instances, the court may fix the periodn If the obligation
does not fix a period but from its nature and circumstances it can be inferred
that a period was intendedn When it depends on the will of the debtorn When
the debtor binds himself to pay when his means will permit him to do so.
14. Alternative ObligationAn alternative obligation is one where out of two or
more prestations which may be given or performed, only one is due and the
complete performance of one of them extinguishes the obligation.The
Obligee or creditor cannot be compelled to receive part of one and part of the
other undertaking or prestation (Article 1199, Civil Code)
15. As a general rule, the right to choose the alternativebelongs to the
debtor. However, there are four limitations to this right of choice of
alternative by the debtor.n When the right of choice of the alternative is
expressly granted to the creditor by mutual agreement of the parties (Art.
1200, Civil Code)n The debtor has no right to choose those prestations which
are impossible, unlawful or which could not have been the object of the
obligation (Art. 1200, Civil Code)n The choice cannot produce any legal effect
until it has been communicated to the other party (Art. 1200, Civil Code)n
The debtor loses the right of choice among the prestations whereby he is
alternatively bound when only one alternative is left that is practicableof
performance
16. Facultative Obligationn When only one prestation has been has been
agreed upon, but the obligor may render another in substitution, the
obligation is facultative (Article 1206, Civil Code)
17. Joint and Solidary ObligationA joint obligation may be defined as an
obligation where there is a concurrence of several creditors or several
debtors, by virtue which each of the creditors has a right to demand, while
each of the debtors is bound to render the compliance with his proportionate
part of the prestation which constitute the object of obligation.
18. The Right of the Creditors in Solidary Obligationn The right to demand

entire payment of the debt or the entire compliance with the prestation from
any one of the debtorsn If the debt has not been fully collected from one
debtor, the creditor has the right to demand payment from the remaining
debtors (Art. 1216, Civil Code)n The right to file an action for compliance with
the obligation against one , some all of the debtors simultaneously.n The right
to receive payment or compliance with the entire prestation, from one, some
or all of the debtorsn The right to do whatever may be useful to the other
creditors.n The right to assign his rights with the consent of the other
creditors (Art 1213, Civil Code)n The right to make a novation, compensation,
confusion or remission of the debt.
19. Obligations of a Solidary Debtorn To pay the entire debt or fulfill the entire
prestation when so demanded by creditors. Payment made by one of the
solidary debtors extinguishes the obligation. If two or more solidary debtors
offer to pay, the creditor may choose which offer to accept. (Art. 1217, Civil
Code)n To pay his corresponding share in the debt in case one of the solidary
debtors made full payment of the obligation, with the interest for the
payment already made. If payment is made before the debt is due, no
interest for the intervening period may be demanded. (Art. 1217, Civil Code)n
To pay for the share of the insolvent co-debtor in proportion to the debt of
each when one of the solidary debtors cannot, because of his insolvency,
reimburse his share to the debtor paying the obligation (Art. 1217 3rd par.
Civil Code)n If the solidary debtor makes payment after the obligation has
prescribed or become illegal, he losses the right to reimbursement from his
co debtors (Art. 1218, Civil Code)
20. Divisible and Indivisible Obligationn An obligation to give definite things
and those which are not susceptible of partial performance is deemed an
indivisible obligation (Art. 1225, Civil Code)n When the obligation gives rise
for its object the execution of certain number of days work, the
accomplishment of work by metrical units, or analogous things which by their
nature are susceptible of partial performance, such obligation is called
divisible obligation.
21. Obligation with a Penal ClauseAn obligation with a penalty is one where if
the obligation is not complied with, the penalty imposed shall substitute for
damages and the payment of interests, unless otherwise stipulated (Art.
1226, Civil Code)
22. A penalty imposed for the breach of contract shall be enforced if the
agreement is violated, whatever the obligee has suffered from damages or
not, inasmuch as one of the primary purposes in fixing a penalty is to avoid
damage.n Proof of actual damages suffered by the creditor is not necessary
in order to demand penalty (Art. 1228, Civil Code)

23. As a general rule is that the penalty takes place of indemnity for damages
and for the payment of interest, except:n when there is express agreement to
the effect that damages or interest may still be recovered, despite the
presence of the penalty clause (Art 1226, Civil Code)n when the debtor
refuses to pay the penalty imposed in the obligation (Art. 1226, Civil Code)