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Oblicon Quiz 2 Reviewer
Oblicon Quiz 2 Reviewer
Oblicon Quiz 2 Reviewer
OTHER CLASSIFICATIONS
A. By the Origin of Obligations
1. Legal – from law
2. Conventional – from agreement
3. Penal – from liability from crime
B. By their Validity
1. Valid
a. Firm – arising from a valid and binding contract
b. Rescissible – arising from a contract validly entered but may be rescinded
c. Voidable – arising from a defective contract which may be annulled
2. Void
a. Unenforcable
b. Inexistent
1. Have as their object a prestation which is susceptible of partial performance without the essence
of the obligation being changed
2. Definitions
a. Divisibility of the Obligations (DO) – performance of the prestation which constitutes the
object of the obligation
b. Divisibility of the Prestation (DP) – the prestation itself
“I will give you P10,000,000”
o DO – Indivisible
o DP – Divisible
Controlling factor in determining whether divisible or indivisible is the intention
of the parties.
Divisible when obligation has for it’s object the execution of a certain number of
days of work, accomplishment of work by metrical units, or analogous things
which by nature are susceptible of partial performances.
Obligation not to do – determined by the character of the prestation.
H. Indivisible Obligation
1. Have as their object a prestation which is not susceptible of partial performance (sing a song)
2. Obligations to give definite things, not susceptible of partial performance (give a car)
3. Even if it may be physically divisible, it is indivisible if provided by law or of the parties.