OBLIGATIONS

Types of Obligations1.Pure 2.Conditional 3.Obligations

with a period 4.Alternative 5.Joint

6. Solidary 7. Divisible 8. Indivisible 9. Obligations

with a penal clause !

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

Types of Obligation

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. 1180When 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

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

Types of Obligation

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 performance, 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

Alternative obligationAn 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.

Types of Obligation

Art. 1200The 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)

Alternative Obligations

Joint obligationA 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 obligationA 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.

Types of Obligation

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

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.

Types of Obligation

General RuleIn 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

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

Types of Obligation