KINDS OF OBLIGATION

PRIMARY

PURE
demandable at once

does not depend upon a future or uncertain event

CONDITIONAL fulfillment and extinguishment depends upon future and

uncertain event
OBLIGATIONS WITH
fulfillment and extinguishment depends upon future and
A PERIOD
certain event

when the means of the debtor permits him to do so

ALTERNATIVE
multiple prestation but only one to perform

FACULTATIVE
principal and substitute prestation
JOINT

the debtor will only pay his share in the obligation

SOLIDARY
one debtor can be made to pay the whole obligation

DIVISIBLE prestationscan be fulfilled in parts

INDIVISIBLE cannot be performed in parts
OBLIGATIONS WITH
A PENAL CAUSE contains undertaking, in case of breach of obligation

SECONDARY
LEGAL arises from law
CONVENTIONAL arises from contracts
PENAL commission of crime
REAL to give
PERSONAL to do or not to do
DETERMINATE specific obligation, distinguished
POSITIVE to give or to do, there is an act of performance
NEGATIVE not to do
UNILATERAL only one party performs the obligation(donation)
BILATERAL both parties are reciprocally bound to perform(contract
of sale)
CIVIL if not fulfilled, and becomes due, there is a right of
action to compel
NATURAL based and equity and natural law
ACCESSORY existence depends upon a principal obligation(ex. Real
estate mortgage)
PRINCIPAL exists without depending upon another obligation
INDIVIDUAL involves oly one subject
COLLECTIVE involves several
SECTION I. PURE AND CONDITIONAL OBLIGATION
CONDITION every future and uncertain event
CLASSIFICATION OF CONDITION
AS TO EFFECT
SUSPENSIVE fulfillment of condition=acquisition of rights
condition is not fulfilled=no judirical relation
rights=not yet acquiredbut there is expectancy
conditions precedent

RESOLUTORY fulfillment of condtion results in the extinguishment of

rights from the obligation
if condition not fulfilled=judirical relation is created
conditions subsequent

AS TO ORIGIN
POTESTATIVE depends upon the will of the parties
CASUAL depends upon chance
MIXED partly upon will and partly upon chance
AS TO POSSIBILITY
POSSIBLE
possible accdng to nature, law, policy, good customs

IMPOSSIBLE not possible

PHYSICAL, contrary to law of nature
LEGAL, contrary law, morals, good customs
AS TO MODE
POSITIVE performance
NEGATIVE non-performance
AS TO DIVISIBILITY
DIVISIBLE susceptible to partial realization
INDIVISIBLE not susceptible to partial realization
AS TO NUMBERS

CONJUNCTIVE several conditions, all must be realized

ALTERNATIVE several conditions, one must be realized
AS TO FORM
EXPRESS the condition is expressly stated
IMPLIED the condition is tacit
PERIOD time of definite length
ART 1186 the condition is deemed fulfilled when the debtor
voluntarily prevent its fulfillment
DOCTRINE OF
CONSTRUCTIVE
1. CONDITION- suspensive, 2. DEBTOR- prevents
FULFILLMENT OF
fulfillment, 3. DEBTOR- acts voluntarily
SUSPENSIVE
CONDITION
KINDS OF OBLIGATION
OBLIGATION TO
retroactivity; effective from a particular date in the past
GIVE
BUT in reciprocal obligation to give, the condition is
mutually compensated
AND in unilateral obligation there is no reatroactive
effect
CONDITION accidental element of a contract
PERSONAL obligation to do or not to do, retroactivity is determined
OBLIGATION by court
UNILATERAL
usually gratuituous
OBLIGATION
BEFORE
FULFILLMENT OF
CONDITION
CREDITOR may bring appropriate action for the preservation of his
right
DEBTOR may recover what he paid by mistake
but with knowledge, he cannot recover
If the thing is lost w/o the fault of the debtor
the obligation is extinguished
If the thing is lost w/ the fault of the debtor
debtor will pay damages
LOSS if it goes out of commerce, perishes or disappears
If the thing deteriorate w/o the fault of the debtor
the impairment is to the creditor
If the thing deteriorate w/ the fault of the debtor
creditor may choose: rescission or fulfillment with indemnity
if the thing improves by its nature
the creditor benefits

if it improves at the expense of the debtor

usufructury right to enjoy property
RESCISSION unmaking of contract
obligation to return the object of the contract
rescind declare a contract void
MUTUAL
bringing parties back to their original status
RESTITUTION
only when the one that demands rescission can return
whatever he wants to restore
EXTRAJUDICIAL
not possible w/o an express stipulation
RESCISSION
ALTERNATIVE REMEDIES OF INJURED PARTY
1. fulfillment w/
specfic performance
damages
SPECIFIC
remedy of requiring exact performance of contract
PERFORMANCE
2. rescission w/ when fulfillment is impossible, the injured may choose
damages rescission
BREACH OF CONTRACT
1. first violator must be liable and not second infractor, SHALL BE TEMPERED
BY
2. ifCOURTS
cannot be
EACH shall bear his own damages
determined
SECTION II. OBLIGATIONS WITH A PERIOD
DAY CERTAIN a day will come but unknown when
TERM/ PERIOD interval of time
CONDITION TERM OR PERIOD
event interval of time
future and uncertain future and certain
may or may not
will surely happen
happen
influences the
existence of influence only demandability
obligation
has retroactive effects
has no retroactive effects

upon the will of the

debtor, the validity is upon the will of the debtor, the obligation is still valid
affected
must be possible, otherwise, void
KINDS OF PERIOD
AS TO EFFECT\
SUSPENSIVE Ex Die, there is a day certain fixed and demandable to
that day
RESOLUTORY (In Diem) take effect once but when the day comes, the
obligation is terminated
AS TO EXPRESSION
EXPRESS specifically stated
IMPLIED notspecifically stated

AS TO DEFINITENESS
DEFINITE fixed date
INDEFINITE no fixed date
AS TO SOURCE
CONVENTIONAL agreed by parties
LEGAL fixed by law
JUDICIAL fixed by courts
PERIOD HAS BEEN ESTABLISHED IN FAVOR OF
DEBTOR debtor can perform the obligation prematurely
CREDITOR
dcreditor may demand any time\

DEBTOR SHALL LOSE

When he becomes insolvent,When he does not furnish
RIGHT TO MAKE USE
what he promised, When what he promised gone thru
OF PERIOD
fortuitous event he will give new ones, when he violates,
when he attempt to abscond(escape)

SECTION III. ALTERNATIVE OBLIGATION

COMPOUND OBLIGATION

CONJUNCTIVE two or more objects and all of them are due ALL must
OBLIGATION be performed
DISTRIBUTIVE
OBLIGATION One of the objects must be performed

ALTERNATIVE- two or more objects are due but ine

performance is sufficient
 FACULTATIVE- only ONE object is due but the debtor
may SUBSTITUTE

SOLIDARY one of the debtor is bound to render each creditor's

OBLIGATION demand
in solidum, mancomunada solidaria, juntos o
separadamente, individually and collectively
one of the debtor is liable for the entire obligation]
JOINT OBLIGATION
onde debtor is only liable for a proportionate part
GENERAL RULES
Impossible conditions annuls the obligation, void

if one party fails to comply with what is incumbent upon him, the other
party has the right to rescind the obligation
The period presumed to have been established for the benefit of the
creditor and debtor(1196)

The court is not authorized to fix a period(1197)

A person bound by diff. prestations shall completely perform one of them,

But the credition can't compel to part of one and other undertaking(1199)
Alternative obligation, right of choice belongs to the DEBTOR. BUT he has
no right to choose prestations.(1200)
The choice shall produce no effect except from the time it has been
communicated(1201)choice is irrevocable
Debtor LOSES right of choice when among the prestations only one
becomes possible. (1202)
If creditor's act,cannt makes debtor to lose a choice to choose among the
terms of the obligation, the debtor may rescinfdthe obligation and claim
damages(1203)
Obligation is presumed joint if there is concurrence of 2 or more
creditor/debtors in one and same obligation(1208)
EXCEPTIONS
In Divisible obligations, the part that is not affected by impossible condtion
shall be valid

If condition is negative, it is considered not agreed upon

If obligation is pre-existing and not depending on the impossible condition, ONLY the condition is void.

If the period is establishedin favor of the debtor and creditor(1196)

If the obligation does not fix a period(1197) and

If the period depends upon the will of the debtor(1197)

When the choice is expressly given to the creditor(1200)

OBLIGATION IS SOLIDARY WHEN: 1. the obligation expressly states, 2. the
law requires, 3. nature of the obligation(1208)
 DEBTOR
LOSS DUE TO FORTUITOUS EVENT

all objects are loss obligation=extinguished

must deliver remaining
one object remains object to the creditor

two or more debtor may choose what

objects remain to deliver
LOSS BECAUSE OF DEBTOR'S FAULT

creditor will claim

all objects are loss damages

must deliver remaining

one object remains object to the creditor
two or more debtor may choose what
objects remain to deliver
 CREDITOR
NT

obligation=extinguished
must deliver remaining
object to the creditor

debtor may choose what

to deliver
AULT

creditor shall choose the

price with indemnity for
damages
creditor may choose
what object to be
delivered and debtor is
not liable for damages
debtor will deliver
whatever creditor may
choose to deliver