Bohol Northern Star College

College of Business and Accountancy

Corre, Mary Mae S. LAW 1

BSA – 2 Mr. Gerry
Vallente

Assignment Different Kinds of Obligation

1. Different Kinds of Obligations

A. Primary classification of obligations under the Civil Code:
1. Pure and conditional obligations
Pure obligation – an obligation which is demandable at once.
Conditional obligation – an obligation whose fulfillment or extinguishment
depends upon a future and uncertain event.
2. Obligations with a period – an obligation whose fulfillment or
extinguishment depends upon a future and uncertain event.
3. Alternative and facultative obligations
Alternative obligation – an obligation which involves multiple prestations
but debtor will only perform one prestation.
Facultative obligation – an obligation which involves a principal prestation
and a substitute prestation.
4. Joint and solidary obligations
Joint obligation – an obligation where each debtor can be made to pay
only his share in the obligation.
Solidary obligation – an obligation where one debtor can be made to pay
for the whole obligation subject to reimbursement.
5. Divisible and indivisible obligations
Divisible obligation – an obligation whose performance of the prestation
can be fulfilled in parts.
Indivisible obligation – an obligation whose performance of the prestation
cannot be fulfilled in parts.
6. Obligations with a penal clause – an obligation which
contains an undertaking to assume greater liability in case of
breach of said obligation
B. Secondary Classification of obligations under the New Civil Code
1. Legal, conventional and penal obligations
Legal obligation – an obligation which arises from law.
Conventional obligation – an obligation which arises from contracts.
Penal obligation – an obligation which arises from commission of a crime.
2. Real and personal obligations
Real obligation – an obligation to give.
Personal obligation – an obligation to do or not to do.
3. Determinate and generic obligations
Determinate or specific obligation – an obligation that is individualized
and can be identified or distinguished from others of its kind.
Indeterminate or generic obligation – an obligation that is not
individualized and cannot be identified or distinguished from others of its
kind.
4. Positive and negative obligations
Positive obligation – an obligation to give or to do.
Negative obligation – an obligation not to do.
 5. Unilateral and bilateral obligations
Unilateral obligation – an obligation which only one party is bound to
perform an obligation like in a contract of donation and commodatum.
Bilateral obligation – an obligation where both parties are reciprocally
bound to perform an obligation like in a contract of contract of lease, and
barter.
6. Civil and Natural obligations
Civil obligation – an obligation, which if not fulfilled when it becomes due
and demandable, gives a right of an action to complete their performance.
Natural obligation – an obligation which, not being based on positive law
but on equity and natural law, do not grant a right of action to enforce their
performance, but after voluntary fulfillment by the obligor, they authorize
the retention of what has been delivered or rendered by reason thereof.
7. Accessory and principal obligations
Accessory obligation – an obligation where its existence depends upon a
principal obligation like contract of pledge, real estate mortgage, chattel
mortgage, guaranty and antichresis.
Principal obligation – an obligation which exists without depending upon
another obligation.
8. Individual and Collective obligations
Individual obligation – an obligation which involves only one subject.
Collective obligation – an obligation which involves several subjects

2. Suspensive Condition or one the fulfillment of which will give rise to

an obligation (or right). In other words, the demandability of the obligation is
suspended until the happening of a future and uncertain event which
constitutes the condition. Actually, the birth, perfection or effectivity of the
contract subject to a condition can take place only if and when the condition
happens or is fulfilled. If the suspensive condition does not take place, the
parties would stand as if the conditional obligation had never existed. It
must appear that the performance of an act or the happening of an event
was intended by the parties as a suspensive condition, otherwise, its non-
fulfillment will not prevent the perfection of a contract.

3. The difference between the two conditions is very clear; both bear an
influence on the existence of the obligation, but in diametrically opposed
manner.
(1) If the suspensive condition is fulfilled, the obligation arises, while if it is
the resolutory condition that is fulfilled, the obligation is extinguished;
(2) If the first does not take place, the tie of law (juridical or legal tie) does
not appear, while if it is the other, the tie of law is consolidated; and
(3) Until the first takes place, the existence of the obligation is a mere
hope, while in the second, its effects flow, but over it, hovers the possibility
of termination.

4. The existing rule in a mixed conditional obligation is that when the

condition was not fulfilled but the obligor did all in his power to comply
with the obligation, the condition should be deemed satisfied.
5. Physical impossible conditions – these are conditions which are
contrary to the law of nature.
Legal impossible conditions – these are conditions which are contrary
to law, morals, good customs, public order, or public policy.
6. Positive condition. The condition involves the performance of an act. In
positive condition, obligation is extinguished as soon as the time expires
or if it becomes indubitable that the event will not take place.
Negative condition. The condition involves the non-performance of an
act. In negative condition, the obligation is effective from the moment the
time indicated has lapsed, or if it has become evident that the event
cannot occur, although the time indicated has not yet lapsed.

7. (a) If the thing is lost without the fault of the debtor – the obligation
shall be extinguished.
(b) If the thing is lost through the fault of the debtor – the debtor
shall be obliged to pay damages.
(c) When the thing deteriorates without the fault of the debtor – the
impairment is to be borne by the creditor.
(d) If it deteriorates through the fault of the debtor – the creditor may
choose between the rescission of the obligation and its fulfillment, with
indemnity for damages in either case.
(e) If the thing is improved by its nature or by time – the
improvement shall inure to the benefit of the creditor.
(f) If it is improved at the expense of the debtor – the debtor shall
have no other right than that granted to the usufructuary.

8. Rescission has the effect of unmaking a contract, or its undoing from

the beginning, and not merely its termination. Hence, rescission creates
the obligation to return the object of the contract. It can be carried out
only when the one who demands rescission can return whatever he may
be obliged to restore. To rescind is to declare a contract void at its
inception and to put an end to it as though it never was. It is not merely
to terminate it and release the parties from further obligations to each
other, but to abrogate it from the beginning and restore the parties to
their relative positions as if no contract has been made.
Mutual restitution is required in cases involving rescission under Article
1191. This means bringing the parties back to their original status prior
to the inception of the contract.
Extrajudicial rescission of a contract is not possible without an
Express stipulation to that effect.