KINDS OF OBLIGATION Demandabilit Characteristics Void when . . .

Example Effects of happening of

y condition/s, period
Pure Obligation Immediately whose effectivity or extinguishment does Promissory note NOT APPLICABLE
Demandable not depend upon the fulfillment or indicating that A
nonfulfillment of a condition or upon the needs to pay B
expiration of a term or period, and 1,000.
which, as a consequence, is
characterized by the quality of
immediate demandability.
Resolutory Immediately The happening of which extinguished the A promises to When the resolutory
demandable obligation pension B in the condition happened, the
amount of five obligation is considered as if
thousand per it did not exist. That being
month until such the resulting consequence,
time that she gets the parties are now bound
married to return or restore
whatever they had received
from each other. Thus, they
are back to the status quo
before the constitution of
the obligation.

Suspensive Demandable The happening of which gives rise to the A promises B that The obligation to deliver or
when the obligation he will give her a to give arises
condition is car if he passed
fulfilled the bar exam.
Potestative Demandable whose fulfillment depends exclusively The condition and obligation are The obligation to deliver or
when the upon the will of either one of the void when it depends solely on to give arises
condition is parties to the obligation the debtor
fulfilled
Casual Condition Demandable One whose fulfillment depends I will give you my The obligation to deliver or
when the exclusively upon chance and/or upon land if a war to give arises
condition is the will of a third person. breaks out next
 fulfilled month
Mixed condition Demandable one whose fulfilment depends jointly I will give you a The obligation to deliver or
when the upon the will of either one of the house if you to give arises
condition is parties to the obligation and upon marry Carolina
fulfilled chance and/or the will of a third
person.
Possible condition Demandable is capable of realization not only I will give you The obligation to deliver or
when the according to its nature, but also 10,000 hectares to give arises
condition is according to the law, good customs and of land if you will
fulfilled public policy. pass the exam
Impossible condition Not is not capable of realization either Impossible conditions as well as I will give you NOT APPLICABLE
demandable according to its nature or according to those which are contrary to 10,000 hectares
because this is law, good customs or public policy good customs or public policy of land if you will
void and those which are prohibited kill C.
by law shall annul the obligation
which depends upon them.

Positive condition Demandable The condition that some event happen A promises B that The obligation to deliver or
upon at a determinate time shall extinguish he will give him to give arises
fulfillment of the obligation as soon as the time 5,000 if he will
condition expires or if it becomes definite that the become a doctor
event will not take place. on Jan 1, 2021.
Jan. 1, 2021 has
lapsed and B is
still not a doctor.
The obligation of
A to give 5,000 to
B already
extinguished.
Negative condition Demandable The condition that some event will not A promise B that The obligation to deliver or
upon happen at a determinate time shall he will give him to give arises
expiration of render the obligation effective from the 5,000 if B will not
determinate moment the time indicated has elapsed, marry C within 6
 time. or if it has become evident that the years. 6 years
event cannot occur. have passed and
B is still not
married to C. The
obligation to give
5,000 to b has
become effective.

Obligation with a period Demandable Obligations with a period may be

only when the defined as those whose demandability
day fixed for or extinguishment is subject to the
their expiration of a term or period.
performance
arrives The day is certain to come but may not
be known when.
Obligation with a demandable The obligation to deliver, to
suspensive period only upon the give will be demandable
arrival of a
day certain
Obligation with a resolutory Immediately it is resolutory when the obligation is The obligation is terminated
period demandable demandable at once, although it is
terminated upon the arrival of a day
certain
Obligation with a judicial The period is judicial when it is fixed by
period the courts
Obligation with a legal It is legal when the period is granted by
period law
Obligation with a The period is convention when it is
conventional period stipulated by the parties
Obligation with a definite A period is definite when the date or
period time is known beforehand
Obligation with an A period is indefinite when it can only be
indefinite period determined by an event which must
 necessarily come to pass, although it
may not be known when.
Conjunctive Obligation When all of the objects or prestations
are demandable at the same time
Distributive Obligation There are numerous prestations but only
one is demandable
Alternative Obligation There several objects or prestations
which are due, but it may be complied
with by the delivery or performance of
only one of them
Facultative Obligation Only one object or prestation which is
due, but it may be complied with by the
delivery of another object or the
performance of another prestation in
substitution.

Joint Obligation each of the creditors is entitled to

demand the payment of only a
proportionate part of the credit, while
each of the debtors is liable for the
payment of only a proportionate part of
the debt
Solidary Obligation each of the creditors is entitled to
demand the payment of the entire
credit, while each of the debtors is liable
for the payment of the entire debt
Divisible Obligation Susceptible of partial fulfillment
Indivisible Obligation Not susceptible of partial fulfillment
Joint divisible obligation each creditor can demand only for the
payment of his proportionate share of
the credit, while each debtor can be held
liable only for the payment of his
proportionate share of the debt.
Joint indivisible obligation first, that no creditor can act in
representation of the others, and
second, that no debtor can be compelled
to answer for the liability of the others.
However, unlike joint divisible and
solidary obligations, in this type of
obligation, which is joint with respect to
the parties and indivisible with respect
to the fulfillment of the obligation, the
following characteristics are also
present:
(1) If there are two or more
debtors, the fulfillment of or
compliance with the obligation
requires the concurrence of all
of the debtors, although each for
his own share. Consequently,
according to the Code, the
obligation can be enforced only
by proceeding against all of the
debtors. Thus, if A, B, and C
obligated themselves to deliver
jointly a certain horse to X, since
the obligation is both joint and
indivisible, X can compel its
fulfillment only by proceeding
against A, B and C.
(2) If there are two or more
creditors, the concurrence or
collective act of all the
creditors, although each for his
own share, is also necessary for
 the enforcement of the
obligation. This is so because the
obligation is joint, and therefore,
a creditor cannot act in
representation of the others,
and it is also indivisible, and
therefore, not susceptible of
partial fulfillment. It must be
noted, however, that, unlike the
case of the debtors, the Code is
silent with respect to this point,
although Art. 1209 states that
the creditors may be prejudiced
only by their collective acts.

Obligation with Penal Demandable An obligation to which an accessory

Clause immediately undertaking (penal clause or penalty) is
but the penal attached for the purpose of insuring its
clause is performance by virtue of which the
demandable obligor is bound to pay a stipulated
only when indemnity or perform a stipulated
there is non- prestation in case of breach.
performance
of obligation
or in case of
breach