Art.

1193 Obligation with a period

- A future or day certain has been fixed for the fulfilment of
the obligation.
- Day certain means it must necessarily come although it
may not be known when. Ex. Death
- If it is uncertain whether the day will come or not, then it
is a conditional obligation. Ex. Graduation.
- Obligation is demandable when the day comes
- ex. “30 days from the signing of the agreement”

KINDS OF PERIOD
1) Suspensive period – obligation begins only from a day
certain upon arrival of the period. Ex. Pay the tuition fee
when the student reached college.
2) Resolutory period – obligation is valid up to a day
certain and terminates upon arrival of the period. Ex.
Giving of financial support until reaching majority age.
3) Legal period – provided by law. Ex. payment of taxes.
4) Conventional period – agreed by the parties. Ex.
payment of loan.
5) Judicial period – fixed by the court. Ex. when to move
out of the leased premises.
6) Definite period – fixed period
7) Indefinite period – not fixed period.
Art. 1194 – same rules in Art. 1189 for loss, deterioration or
improvement of the thing.
Art. 1195 – payment by mistake as the period has not yet
arrived.
- Debtor is entitled to recover the payment plus fruits and
interest. But debtor is presumed to know the period and
must prove that he was unaware of the period.
- NO RECOVERY in personal obligation (obligation to do) as
it is physically impossible to recover services rendered.
Art. 1196 – Rebuttable presumption as to benefit of period
- Presumed for the benefit of both creditor and debtor.
Creditor cannot collect or debtor cannot pay before the
arrival of the period. Ex. Banks imposed a penalty for early
termination of loan.

Exceptions to the General Rule:

- For the benefit of the debtor alone – debtor can pay early.
Ex. “on or before”
- For the benefit of the creditor alone – may demand
fulfilment even before the arrival of the term but cannot
be forced to accept payment before the arrival of such
period. Ex. Acceleration clause.
Art. 1197 – Obligation has no period but period was intended.
- Court is authorized to fix the period:
1) No period was fix but period is intended. Ex.
construction of a house
2) Duration of the period depends upon the will of the
debtor. Ex. obligation to pay money.

Art. 1198 – when debtor losses right to make use of the period.
1) Debtor becomes insolvent unless he gives guaranty or
security for the debt
2) Debtor does not furnish the promised guaranty or security
3) Debtor impairs the guaranty or security unless he gives a
new one
4) Breach of contract
5) Attempts to abscond