ALMARIO, Khristin Allison S.

2020-13117-MN-0

Obligation and Contracts

A. OBLIGATION “TO GIVE”

A.1 TYPE OF THINGS

Compare:

Specific Things Generic Things Limited Generic Thing

Individualized, physically indicated only by its kind generic objects confined in one
segregated class
Can be distinguished from not designated/distingused can be substituted by any of the
others of its kind from other of its kind same particular class

examples: example: example:

● the house at 123 Apple ● sum of PHP 10 000 ● one of my cars

Drive
●
● the Kia car with plate
number ABC 1234

● my cat named Spencer

A.2 RIGHTS AND DUTIES OF PARTIES

DUTIES OF THE DEBTOR DUTIES OF THE CREDITOR

To Give a Specific Thing

to deliver the thing itself to compel the delivery

to preserve thing with due care to compel to deliver the fruits from the time the
obligation to deliver arises
to deliver the accessions and accessories to compel the delivery of the accessions and
accessories, even if not mentioned

to deliver the fruits to compel to deliver the fruits from the time the
obligation to deliver arises
to answer for damages in case of breach of the right to recover damages in case of breach,
contract exclusive or in a addition to specific performance

To give a generic thing

 to deliver a thing which is of quality intended by
the parties taking into consideration the purpose
of the obligation and other circumstances
to be liable for damages in case of fraud,
negligence, or delay, in the performance of his
obligation, or contravention of the tenor thereof
to compel that the obligation be complied with
to recover damages in case of fraud, right not to
be compelled to receive a different one although
of the same value as, or more valuable than what
is due

if the object is generic but the source is specified to ask that the obligation be complied with by a
or delimited, the obligation is to preserve the third person at the expense of the debtor
source
to deliver another thing within the same genus as to recover damages in case of breach
the thing promised if such thing is damaged due
to lack of care or breach committed

A. OBLIGATION “TO DO” OR “NOT TO DO”

B.1 RIGHTS AND DUTIES OF THE PARTIES

DUTIES OF THE DEBTOR RIGHTS OF THE CREDITOR

To Do
to do it (Art 1167) to have the obligation executed by the debtor

to shoulder the cost if someone else does it (Art to recover damages in case of breach
1167)
to undo what has been done poorly (Art 1167)

to pay damages (1170-1172, 2201-2202)

Not to Do

not to do what should not be done to ask to undo what should not be done, at the
debtor’s expense
to shoulder the cost to undo what should not to recover damages
have been done

to pay damages

B. MAKE A COMPARATIVE STUDY OF THE DIFFERENT KINDS OF OBLIGATIONS

C. Pure- A pure obligation is IMMEDIATELY DEMANDABLE, regardless of the presence of a
condition or a term/period.
D. Conditional- In conditional obligations, the acquisition of rights, as well as the extinguishment or
loss of those already acquired, shall depend upon the happening of the event which constitutes
the condition.

Kinds of Conditions

Suspensive- obligation shall only be effective upon the fulfillment of the condition.

Resolutory- obligation is demandable at once, without prejudice to the effects of the

happening of the event.

E. Obligation with a period or a term

A. Obligations for whose fulfillment a day certain has been fixed ⎯ demandable only when that
certain day comes.
B. Obligations with a resolutory period ⎯ take effect at once, but terminate upon arrival of the
certain date.
C. When the debtor binds himself to pay when his means permit him to do so- the obligation
shall be deemed to be one with a period

4. Alternative or facultative

A. Alternative Obligation- One or more prestations, several are due.

B. Facultative Obligations - Of the two or more prestations, only one is due, while the other/s
may be performed in substitution of the one due.

1. Joint and Solidary Obligations

A. Joint Obligations- Each debtor is liable only for a proportionate part of the debt, and each
creditor is entitled only to a proportionate part of the credit.
B. Solidary Obligations- An obligation where there is concurrence of several creditors, or of
several debtors, or of several creditors and several debtors, by virtue of which, each of the
creditors has the right to demand, and each of the debtors is bound to render, entire
compliance with the prestation which constitutes the object of the obligation.

2. Obligations with a penal clause

An accessory undertaking to assume greater liability in case of breach. It is generally a sum of
money, but it can be any other thing like an act or abstention. If the principal obligation is void,
the penal clause shall also be void. However, the nullity of the penal clause does not carry with it
the nullity of the principal obligation.

3. Divisible and Indivisible Obligations

A. Divisible Obligations- Those which have as their object a prestation which is susceptible of
partial performance with the essence of the obligation being changed.
 B. Indivisible Obligations- Those which have as their object a prestation which is not
susceptible of partial performance, because otherwise the essence of the obligation will be
changed. The obligation is clearly indivisible because the performance of the contract
cannot be done in parts, otherwise, the value of what is transferred is diminished.

4. Unilateral and Bilateral Obligations

A. Unilateral- Only one party is bound
B. Bilateral- Both parties are mutually or reciprocally bound.

5. Positive and Negative Obligations

A. Positive- When the obligation is obliged to give or to do something.
B. Negative- When the obligation must refrain from giving or doing something.