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OBLIGATIONS

Types of Obligations
1.Pure

6. Solidary

2.Conditional

7. Divisible

3.Obligations
with a period

8. Indivisible

4.Alternative
5.Joint

9. Obligations
with a penal
clause
!

Types of Obligation

Pure obligation
not subject to any condition
no specific date is
mentioned for its fulfillment,
therefore immediately
demandable

Types of Obligation

Conditional
obligation

A conditional obligation is
one whose consequences
are subject in one way or
another to the fulfillment of
a condition

Condition
future AND uncertain
event
may refer to a past event
unknown to the parties

Principal kinds of condition


Suspensive condition one the
fulfilment of which will give
rise to an obligation
!

Resolutory condition one the


fulfilment of which will
extinguish an obligation

Art. 1180
When the debtor binds himself
to pay when his means permit
him to do so, the obligation
shall be deemed to be one with
a period, subject to the
provisions of Article 1197.

When obligation is demandable


under Art. 1180
Before creditor can enforce
performance, an action should
be filed in court to fix a period
for the payment of the obligation
(Art. 1197) Before that, the
obligation cannot be enforced.

pay when his means permit


him to do so

little by little
as soon as possible
from time to time
as soon as I have the
money

pay when his means permit


him to do so

at any time I have the


money
in partial payments
when I am in a position
to pay

Types of Obligation

Obligations with a period


An obligation with a period
is one whose consequences
are subjected in one way or
another to the expiration of
said period or term

Period
future AND certain event upon
the arrival of which the obligation
or right subject to it either arises
or is terminated
day certain which must
necessarily come, although it
may not be known when

Kinds of period
According to source
LEGAL period fixed by law
!

VOLUNTARY period fixed by


the parties
!

JUDICIAL period fixed by the


court

Kinds of period
According to source
JUDICIAL period fixed by the court

When the debtor binds himself to pay


when his means permit him to do so,
the obligation is one with a period
(1180). To enforce perfor mance,
creditor should file an action in court
to fix a period for the payment of the
obligation (1197).

Kinds of period
Other classifications
SUSPENSIVE a period which
must lapse before the obligation
can be demanded
!

RESOLUTORY a period after


which the obligation is
extinguished

Distinctions between period


and condition
1. As to fulfillment:

A condition is an uncertain event;


while a period is an event that
must necessarily come, at a date
known beforehand, or at a time
which cannot be determined.

Distinctions between period


and condition

2. As to influence on the
obligation:

A condition causes an
obligation to arise or to cease;
while a period merely fixes the
time of the efficaciousness of
an obligation

Distinctions between period


and condition

3. As to time:

A condition may refer to the


future or a past event
unknown to the parties; while
a period always refer to the
future

Computation of term or
period
When the laws speak of years, months, days or
nights, it shall be understood that years are of three
hundred sixty five days each; months, of thirty days;
days, of twenty-four hours, and nights, from sunset to
sunrise.

If months are designated by their name, they shall be


computed by the number of days which they
respectively have.

In computing a period, the first day shall be excluded


and the last day included. Art. 13

Types of Obligation

Alternative obligation
An alternative obligation is one
wherein various prestations are
due but the performance of one
of them is sufficiently determined
by the choice which as a general
rule belongs to the debtor.

Art. 1200

Alternative Obligations

The right of choice belongs to the


debtor, unless it has been expressly
granted to the creditor.
!

The debtor shall have no right to


choose those prestations which are
impossible, unlawful or which could
not have been the object of the
obligation.

Alternative Obligations

General Rule:
Right to choose the prestation
belongs to the debtor

Alternative Obligations

Exceptions:
Right to choose the prestation may be exercised by
the creditor ONLY when EXPRESSLY granted to him

Right to choose the prestation may be exercised by a


third person by COMMON agreement

Alternative Obligations

Limitation on debtors right


of choice:
1. Debtor shall COMPLETELY
perform one of the various
prestations; he cannot select
part of one and part of the
other (Art. 1199)

Alternative Obligations

Limitation on debtors right


of choice:
2. The debtor shall have no right to
choose those prestations which are
impossible,
unlawful, or
which could not have been the
object of the obligation. (Art.
1200)

Types of Obligation

Joint obligation
A joint obligation is 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

Types of Obligation

Solidary obligation

A solidary obligation is 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 one of the debtors entire
compliance with the prestation.

General Rule on
Joint and Solidary Obligations

Collective obligation is
presumed to be joint

General Rule on
Joint and Solidary Obligations
Solidary obligation exists only
when:
The obligation expressly so states;
The law requires solidarity; or
The nature of the obligation
requires solidarity

Types of Obligation

Divisible obligation
A divisible obligation is one
the object of which, in its
delivery or performance, is
capable of partial
fulfillment.

Types of Obligation

Indivisible obligation
An indivisible obligation is
one the object of which, in
its delivery or performance,
is NOT capable of partial
fulfillment.

General Rule
In determining whether an
obligation is divisible or not,
the controlling circumstance
is not the possibility or
impossibility of partial
prestation but the purpose of
the obligation or the intention
of the parties

General Rule
Even though the object or
service may be physically
divisible, an obligation is
indivisible if so provided
by law or intended by the
parties

General Rule
!

If the object is not


physically divisible or the
service is not susceptible of
partial performance, the
obligation is always
indivisible, the intention of
the parties, notwithstanding

Types of Obligation

Obligations with a penal


clause

An obligation with a penal


clause is one which contains
an accessory undertaking to
pay a previously stipulated
indemnity in case of breach.

Types of Obligation

Obligations with a penal


clause
!

A penal clause is attached


to an obligation in order to
insure performance