Joint Obligation – one where the whole obligation is to be paid or fulfilled proportionately by the

different debtors. Where there is a plurality of parties and the share of each in the obligation is specified
Solidary Obligation – one where each one of the debtors has a right to demand from any of the debtors
By prescription – one acquires ownership and other rights through the lapse of time
Divisible Obligation – one the object of which in its delivery or, is capable of partial fulfillment
Indivisible Obligation – ‘’ ‘’ is not capable of partial fulfillment.
Principal Obligation – one which can stand by itself and does not depend for its validity
Accessory Obligation – one which is attached to a principal obligation, can’t stand alone
Penal clause – an accessory undertaking attached to an obligation
Purpose of penal clause – to insure their performance; to substitute a penalty for the indemnity; to
punish the debtor for the non-fulfillment of his obligation
Payment – refers only to the delivery of money; giving of a thing, the doing of an act, or not doing of an
act; in law payment and performance are synonymous.
Subrogation - to put in the shoes of another (cr); to substitute for another with regard to a legal right or
claim: Reimbursement – right to be refunded
Dation – an extraordinary way of extinguishing an obligation. An existing debt in money is satisfied, not
by payment of money but by alienation of property.
Legal tender - currency which a debtor can legally compel a creditor; payment of a debt in money when
tendered in the right amount
Domicile – the place of a person’s habitual residence; the place where he has his true fixed permanent
home
Residence – only an element of domicile
Onerous – a debt is more onerous than another when it is more burdensome to the debtor
Generic thing – “genus never perished” the debtor can still be compelled to deliver a thing of the same
kind
Condonation or remission – the gratuitous abandonment by the creditor of his right against the debtor
Express – when it is made either verbally or in writing
Implied – when it can only be inferred from conduct, by actions, by returning or tearing of the given
receipt or contract
Confusion – debtor is his own creditor, enforcement of the obligation becomes absurd since a person
cannot claim payment from himself. Person of the principal debtor or creditor extinguishes the obli
Compensation – “in terms quits” shall take place when two persons, in their own right, are creditors and
debtors of each other
Novation – is the total or partial extinction of an obligation through the creation of a new one which
substitutes it