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    10 Kinds of Obligation

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    Lilian Padios Abiog
    This document outlines 10 different types of obligations and provides rules and definitions for each. It discusses pure obligations, conditional obligations, alternative obligations, facultative obligations, joint obligations, solidary obligations, divisible obligations, indivisible obligations, obligations with a period, and obligations with a penal clause. For each type of obligation, it defines key terms, outlines applicable rules, and in some cases provides examples. The document is an extensive reference for understanding different kinds of legal obligations, their characteristics, and how they function.

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    10 Kinds of Obligation

    Uploaded by

    Lilian Padios Abiog
    15K views5 pages
    This document outlines 10 different types of obligations and provides rules and definitions for each. It discusses pure obligations, conditional obligations, alternative obligations, facultative obligations, joint obligations, solidary obligations, divisible obligations, indivisible obligations, obligations with a period, and obligations with a penal clause. For each type of obligation, it defines key terms, outlines applicable rules, and in some cases provides examples. The document is an extensive reference for understanding different kinds of legal obligations, their characteristics, and how they function.

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    This is all about the 10 obligations.

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    This document outlines 10 different types of obligations and provides rules and definitions for each. It discusses pure obligations, conditional obligations, alternative obligations, facultative obligations, joint obligations, solidary obligations, divisible obligations, indivisible obligations, obligations with a period, and obligations with a penal clause. For each type of obligation, it defines key terms, outlines applicable rules, and in some cases provides examples. The document is an extensive reference for understanding different kinds of legal obligations, their characteristics, and how they function.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    15K views5 pages

    10 Kinds of Obligation

    Uploaded by

    Lilian Padios Abiog
    This document outlines 10 different types of obligations and provides rules and definitions for each. It discusses pure obligations, conditional obligations, alternative obligations, facultative obligations, joint obligations, solidary obligations, divisible obligations, indivisible obligations, obligations with a period, and obligations with a penal clause. For each type of obligation, it defines key terms, outlines applicable rules, and in some cases provides examples. The document is an extensive reference for understanding different kinds of legal obligations, their characteristics, and how they function.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    The key takeaways are that there are 10 types of obligations discussed including pure, conditional, alternative, joint, solidary, divisible and obligations with a period or penal clause. It also discusses rules regarding payment, loss, deterioration and modes of extinguishment of obligations.

    The different types of obligations discussed are pure, conditional, alternative, facultative, joint, solidary, divisible, indivisible and obligations with a period or penal clause.

    Some of the rules regarding conditional obligations are that impossible or illegal conditions annul the obligation, the condition that happens in a determinate time extinguishes the obligation while one that happens in an indeterminate time only makes the obligation effective upon arrival, and the condition is fulfilled if the debtor prevents its fulfillment.

    10 Kinds of Obligation

    1. Pure
    2. Conditional
    3. Alternative
    4. Facultative
    5. Joint
    6. Solidary
    7. Divisible
    8. Indivisible
    9. Obligation w/ a period
    10. Obligation w/ a penal clause
    1. PURE OBLIGATION
    - w/o condition, demandable at once (pure has resolutory condition/period)
    2. CONDITIONAL OBLIGATION
    - there is condition in performance; future & uncertain
    2Kinds
    a. Suspensive condition happening of condition gives RISE to obligation
    b. Resolutory condition happening of condition EXTINGUISHES obligation
    6 MISCELLANEOUS RULES ON CONDITIONAL OBLIGATION
    1. Impossible conditions, contrary to law, shall ANNUL obligation.
    2. The condition not to do an impossible thing is considered not agreed upon.
    3. The condition that happens in determinate time, EXTINGUISHES obligation.
    4. The condition that happens in INDETERMINATE time, obligation only effective at arrival.
    5. The condition is fulfilled if DEBTOR prevents fulfillment.
    6. The effect of conditional obligation, once fulfilled:
    - to give: retroact to the day of constitution of obligation
    - has reciprocal prestations: fruits & interests be mutually compensated
    - has unilateral obligation: debtor shall give fruits & interests
    RULES in case of Loss, Improvement, or Deterioration of thing during the pendency of
    condition
    1. LOST
    a. w/ debtors fault damages
    b. w/o debtors fault extinguishes obligation
    2. DETERIORATION
    a. w/ debtors fault - (1) cancel obligation & damages; or (2) fulfill obligation w/ damages
    b. w/o debtors fault creditor suffer impairment
    3. IMPROVEMENT
    a. By nature/time benefit to creditor
    b. at expense of debtor debtor no right than that granted to usufructuary (debtor no right to
    compensate amount for improvement)

    EFFECTS OF FULFILLMENT OF SUSPENSIVE CONDITION


    General Rule: The obligation becomes effective retroactively to the day obligation was
    constituted.
    Exceptions:
    1. In reciprocal obligation, fruits & interests during pendency of condition shall compensate each
    other.
    2. In unilateral obligation, debtor gets fruits & interests unless there is a contrary intent.
    3 EFFECTS OF FULFILLMENT OF RESOLUTORY CONDITION
    1. Extinguish obligation.
    2. Both parties restore what they received plus fruits & interests.
    3. The rule on L, D, or I will apply to person who has to return the thing.
    When one of debtors in reciprocal obligation does not comply w/ his obligation
    1. The right of injured party is (1) cancel contract & damages; or (2) fulfill obligation & damages
    3 Kinds of Obligation (Accdng to PERSON OBLIGED)
    1. UNILATERAL only 1 party obliged to comply
    2. BILATERAL both parties; performance not same time
    3. RECIPROCAL both parties; performance same time
    3. OBLIGATION W/ A PERIOD
    - demandability/extinguishment subject to the expiration of period
    PERIOD interval of time; either suspends demandability or produces extinguishment
    DAY CERTAIN must come, not known when
    7 CASES CONSIDERED TO BE OBLIGATION W/ A PERIOD
    1. Little by little
    2. In partial payment
    3. Payable ASAP
    4. When I can afford it
    5. When I have the money
    6. When I am able to
    7. When my means permit me to do so
    PERIOD
    certain
    future only
    (*influence upon
    obligation) only upon its
    demandability

    CONDITION
    uncertain
    future/past but unknown
    (*) on the very existence
    of obligation itself

    FOR WHOSE BENEFIT IS THE PERIOD?


    General Rule: Both the debtor & creditor.

    Therefore, NEITHER of them can demand performance of obligation.


    Exception: If the term of obligation has to favor one of them.
    5 INSTANCES WHEN DEBTOR LOSES RIGHT TO USE PERIOD
    1. Debtor is insolvent.
    2. Debtor attempts to abscond.
    3. Impairment of guarantees/securities.
    4. Failure to furnish guarantees/securities promised.
    5. Violation of undertaking.
    4. ALTERNATIVE OBLIGATION
    - w/ 2 or more prestations, only 1 is due.
    5. FACULTATIVE OBLIGATION
    - w/ ONLY 1 prestation but can be substituted.
    ALTERNATIVE prestations LOST w/ debtors fault
    Creditor entitled to damages but needs ff requisites:
    1. Debtor can choose.
    2. All prestations lost/become impossible due to debtors fault.
    ALTERNATIVE
    OBLIGATION
    several prestations due,
    giving one is sufficient
    right to choose (debtor)
    unless granted to creditor
    If 1 of the prestation is
    illegal, others may be
    valid, obligation remains
    loss/impossibility of ALL
    prestations due, w/o
    debtors fault, extinguishes
    obligation

    FACULTATIVE
    OBLIGATION
    one prestation due, but can
    be subtituted
    right to choose DEBTOR
    ONLY
    nullity of principal carries
    w/ it nullity of accessory/
    substitute
    loss/impossibility of
    presta-tion due, w/o
    debtors fault, extinguishes
    obligation

    (3) SUMMARY OF RULES, OBLIGATIONS, & RIGHTS OF DEBTOR IN


    ALTERNATIVE OBLIGATION
    1. If 1 of prestations lost through fortuitous event, shall still be perform by choosing (creditor)
    from the remainder.
    2. If 1 of prestations lost through debtors fault, creditor may claim any of remainders w/
    damages.
    3. If ALL prestations lost through debtors fault, creditor choose price w/ damages.
    RULES on LOSS/DETERIORATION of the thing intended as SUBSTITUTE in
    FACULTATIVE OBLIGATION

    1. If there is a loss/deterioration of thing intended as substitute, debtor is NOT liable if NOT HIS
    FAULT.
    But if substitution is already made, debtor is liable for loss of substitute when in DELAY,
    NEGLIGENCE, or FRAUD.
    6. JOINT OBLIGATION
    - obligation is to be paid proportionately by debtors or to be demanded proportionately by
    creditors
    7. SOLIDARY OBLIGATION
    - each one of debtors has right to render or each one of creditors has right to demand the entire
    compliance w/ prestation
    MAXIMS & SYNONYMS
    MAXIMS
    JOINT
    To each his
    Obligation
    own
    SOLIDARY
    One for all, all
    Obligation
    for one

    SYNONYMS
    proportionate
    individually &
    collectively

    (3) SOLIDARY OBLIGATION EXIST ONLY IF: *RULES


    1. Law states
    2. Stipulation states
    3. Nature of obligation requires
    2 PRESUMPTIONS THAT OBLIGATION IS JOINT
    1. The debts be divided as many shares as there are debtors/creditors.
    2. The debtors/creditors are distinct from one another.
    8. DIVISIBLE OBLIGATION
    - prestation is capable of partial performance
    9. INDIVISIBLE OBLIGATION
    - prestation incapable of partial performance
    10. OBLIGATION W/ A PENAL CLAUSE
    - one w/ accessory undertaking attached to obligation to assume greater liablity in case of
    breach/non-fulfillment of obligation
    3 PURPOSES OF PENAL CLAUSE
    1. Ensure performance of obligation
    2. Substitute for damages & interest in case of noncompli-ance
    3. Penalize debtor in case of breach
    In case obligation has a PENAL CLAUSE
    General Rule: Penalty takes the place of damages & interest in case of non-compliance.

    Exceptions:
    1. Stipulation states.
    2. Debtor refuse to pay penalty.
    3. Debtor guilty of fraud in performance of obligation.
    NULLITY OF PRINCIPAL OBLIGATION OR THE PENAL CLAUSE
    Nullity of principal obligation = nullity of penal clause
    Nullity of penal clause = NOT nullity of principal obligation
    10 MODES OF EXTINGUISHMENT OF OBLIGATIONS
    1. Payment or performance
    2. Prescription
    3. Compensation
    4. Confusion/merger
    5. Condonation/remission
    6. Fulfillment of resolutory condition
    7. Annulment
    8. Rescission
    9. Novation
    10. Loss of thing due
    1. PAYMENT/PERFORMANCE
    - Payment means delivery of money & performance of obligation
    2 PLACE OF PAYMENT
    1. At place agreed upon
    2. If w/o agreement
    a. Object is indeterminate paid at domicile of DEBTOR
    b. Object is determinate place of thing at the time of constitution of obligation
    4 SPECIAL MODES OF PAYMENT
    a. Application of payment
    b. Cession
    c. Tender of payment & consignation
    d. Dacion in payment
    a. APPLICATION OF PAYMENT
    - designation of debt to w/c payment must be applied when debtor has several obligations of
    same kind in favor of same creditor.
    3 REQUISITES OF APPLICATION OF PAYMENT
    1. Only 1 debtor & 1 creditor
    2. 2 or more debts, same kind
    3. All debts are due
    4. Insufficient payment to exinguish ALL debts

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