Alternative Obligation- where several prestations are
due but the performance of one is sufficient
Joint Obligation- where the whole obligation is to be
paid/fulfilled proportionately by the different debtors
and/ or is to be demanded by different creditors
Solidary Obligation- where each one of the debtors is
bound to render, and/or each one of the creditors has
a right to demand from any of the debtors, entire
compliance with the prestation.
Divisible Obligation- is one the object of which, in its
delivery or performance, is capable of partial
fulfilment.
KINDS OF DIVISION
1. Qualitative Division- one based on quality not
on number or quantity of the things which are
the object of the obligation
2. Quantitative Division- based on quantity
rather than quality
3. Ideal or Intellectual Division- one which exists
only in the minds of the parties
Indivisible Obligation- is one the object of which in its
delivery or performance, is not capable of partial
fulfilment.
KINDS OF INDIVISIBILITY
1. Legal indivisibility- where a specific provision
of law declares as indivisible, obligations
which, by their nature, as divisible.
2. Conventional Indivisibility- where the will of
the parties makes as indivisible, obligations
which, by their nature, are divisible.
3. Natural Indivisibility- where the nature of the
object or prestation does not admit of division
(ie., to give a particular car, sing a song)
OBLIGATIONS DEEMED INDIVISIBLE
1. OBLIGATIONS TO GIVE DEFINITE THINGS
2. OBLIGATIONS WHICH ARE NOT SUSCEPTIBLE
OF PARTIAL PERFORMANCE
3. OBLIGATIONS PROVIDED BY LAW TO BE
INDIVISIBLE EVEN IF THING OR SERVICE IS
PHYSICALLY DIVISIBLE
4. OBLIGATIONS INTENDED BY THE PARTIES TO
BE INDIVISIBLE EVEN IF THING OR SERVICE IS
PHYSICALLY DIVISIBLE
OBLIGATIONS DEEMED DIVISIBLE
1. OBLIGATIONS WHICH HAVE FOR THEIR
OBJECT OF EXECUTION OF A CERTAIN
NUMBER OF DAYS OF WORK
2. OBLOGATIONS WHICH HAVE FOR THEIR
OBJECT THE ACCOMPLISHMENT OF WORK BY
METRICAL UNITS
3. OBLIGATIONS WHICH BY THEIR NATURE ARE
SUSCEPTIBLE OF PARTIAL PERFORMANCE
Principal Obligation- is one which can stand by itself
and does not depend for its validity and existence
upon another obligation
Accessory Obligation- is the one which is attached to
a principal obligation and, therefore cannot stand
alone
ARTICLE 1231: Obligations are extinguished:
1. By payment or performance
2. By the loss of the thing due
3. By the condonation or remission of the debt
4. By the confusion or merger of the rights of the
creditor and debtor
5. By compensation
6. By novation
CAUSES OF EXTINGUISHMENT OF OBLIGATIONS
1. Death of a party in case of an obligation
requiring personal service
2. Mutual desistance or withdrawal
3. Arrival of resolutory period
4. Compromise
5. Impossibility of fulfilment
6. Happening of a fortuitous event
Subrogation- assuming the legal rights of a person for
whom expenses or a debt has been paid
Consignation- is the act of depositing the thing or
amount due with the proper court when the creditor
does not desire or cannot receive it, after complying
with the formalities required by law. Applicable when
there is debt or an obligation to pay.
ARTICLE 1270: Condonation or remission is essentially
gratuitous, and requires the acceptance by the
obligor. It may be made expressly or impliedly.
One and the other kind shall be subject
to the rules which govern inofficious donations.
Express condonation shall, furthermore, comply with
the forms of donation.
Condonation/Remission is the gratuitous
abandonment of the creditor of his right against the
debtor. It is thus a form of donation.
REQUISITES OF CONDONATION OR REMISSION
1. It must be gratuitous
2. It must be accepted by the obligor
3. The parties must have capacity
4. It must not be inofficious
5. If made expressly, it must comply with the
forms of donation
6. The debt must be due and demandable
KINDS OF REMISSION
1. As to its extent
a. Complete- when it covers the entire
obligation
b. Partial- when it does not cover the entire
obligations
2. As to its form
a. Express- when it is made either verbally
or in writing
b. Implied- when it can only be inferred
from conduct
3. As to its date of efectivity
a. Inter vivos- when it will take effect during
the lifetime of the donor
b. Mortis causa- when it will become
effective upon the death of the donor. It
must comply with the formalities of a will.
a. Express- when it is so declared in
unequivocal terms
3. According to extent or effect
a. Total or extinctive- when the old
obligation is completely extinguished
b. Partial or modificatory- when the old
obligation is merely modified
4. According to the subject
a. Real or Objective- when the object (or
cause) or principal conditions of the
obligation are changed
b. Personal or Subjective- when the person
of the debtor is substituted ad/or when a
third person is subrogated in the rights of
the creditor
c. Mixed- when the object and/or
principalconditions of the obligations and
the debtor or the creiditor, or both
parties, are changed. It is a combination f
real and personal novations
Requisites of Novation
1. A previous valid obligation
2. Capacity and intention of the parties to
modify or extinguish the obligation
3. The modification or extinguishment of the
obligation
4. The creation of new valid obligation

ARTICLE 1291: Obligations may be modified by:

1. Changing their object or principal condition

2. Substituting the person of the debtor
3. Subrogating a third person in the eights of the
creditor

Novation is the total or partial extinction of an

obligation through the creation of new one which
substitute it

Novation is a contract containing two stipulations:

one to extinguish or modify an existing obligation, the
other to substitute a new one in its place

KINDS OF NOVATION

They are:

1. According to Origin
a. Legal- which takes place by operation of law
b. Conventional- which takes place by
agreement of the parties
2. According to how it is constituted