Different Kinds of Obligation

PRIMARY CLASSIFICATION
OF OBLIGATION
PURE CONDITIONAL 1179-1192

Obligation with a 1193-1198

Period
With a 1199-1205 1226-
ALTERNATIVE 1230
PENAL 1206
FACULTATIVE CLAUSE

JOINT SOLIDARY 1207-1222

DIVISIBLE INDIVISIBLE 1223-1225

 SECONDARY CLASSIFICATION
OF OBLIGATION
UNI/BI LATERAL 1169-1191
REAL & PERSONAL 1163-1168
DETERMINATE
1165
GENERIC

CIVIL NATURAL 1423

LEGAL CONVEN PENAL 1157 1159 1161

TIONAL
 NOT SUBJECT
TO CONDITION

PUR
E IMMEDIATELY
NO SPECIFIC DEMANDABL
DATE E
 FUTURE effectivity

Upon the

CONDITION happening

extinguish
UNCERTAIN
EVENT

Past but
unknown
 Give rise to
an obligation Demandability
Condition is suspended
precedent/
antecedent

FUTURE suspensive
effectivity
Upon the
CONDITION happening

extinguish
UNCERTAIN
EVENT resolutory
Condition
subsequent

Will extinguish
 PURE
I will give you my land. To give

I will sell to you my land. To do

I will not sell to anyone my Not to do

land.
 Prestation Burden Performance

I will give you my land. To give Pure Positive

I will sell to you my land. To do Pure Positive

I will not sell to anyone my Not to do Pure Negative

land.
 Subject Person
Prestation Burden Performance Matter Object Obliged
I will give you my land. To give Pure Positive Real specific Unilateral

I will sell to you my land. To do Pure Positive Personal specific Unilateral

I will not sell to anyone my

Not to do Pure Negative Personal specific Unilateral
land.
PURE- effectivity or extinguishment is not
dependent upon a condition or a period.
Demandable at once

CONDITIONAL- effectivity of the obligation is

dependent on the fulfilment or non-fulfilment
of a future and uncertain fact or event

PERIOD- a certain length of time which

determines effectivity or the extinguishment of
obligations
 Classification
of Conditions
EFFECT

DIVISIBILITY FORM

CONDITION

NUMBERS POSSIBILITY

MODE ORIGIN
 Suspensive
EFFECT Resolutory
Express
Divisible DIVISIBILITY FORM
Implied
Indivisible

Possible
CONDITION
Impossible
NUMBERS POSSIBILITY

Conjunctive
Disjunctive
MODE ORIGIN Potestative
Casual
Positive
Mixed
Negative
 WITH A CONDITION EFFECT

I will give you my land. If you will Suspensive:

build a farm
The
I will sell to you my If you will sell happening
land. to me your car of the
condition
I will not sell to anyone my Provided that you give rise to
land. will leave me alone the
obligation
 WITH A CONDITION EFFECT

I will give you my land. Until you get Resolutory:

married
The
I will sell to you my Sothelong as you are
owner of the
happening
land. adjacent land of the
condition
I will not sell to anyone my Continue to extinguishe
land. support me s the
obligation
 WITH A CONDITION MODE

I will give you my land. If you will

build a farm

I will sell to you my If you will sell Positive:

land. to me your car because an
act is to be
I will not sell to anyone my Provided that you done
land. will leave me alone
 WITH A CONDITION MODE

I will give you my land.If you will refrain

from gambling
Negative:
If you forbid your the
I will sell to you my self from
land. demolishing the condition
house of the tenants consists in
the
I will not sell to anyone my Provided that you
will not sell our omission of
land. ancestral house
an act
 WITH A CONDITION FORM

I will give you my land. If you will

build a farm

I will sell to you my If you will sell Express:

land. to me your car The
condition is
I will not sell to anyone my Provided that you stated
land. will leave me alone
 WITH A CONDITION FORM

I will give you my land. But you have to

secure a permit

implied:
I will sell to you my Where the
land. flowers bloom The
condition is
merely
I will not sell to anyone my When the other
land.
inferred
owners arrive.
 WITH A CONDITION POSSIBILITY

I will give you my land. If you will

build a farm

I will sell to you my If you will sell

land. to me your car Possible:
capable of
fulfillment
I will not sell to anyone my Provided that you
land. will leave me alone
 CONDITION: Past unknown
If you can prove that this
I will give you my land.
land belongs to your great
grandfather
I will sell to you my Until you show me the
land. money you won last night

I will not sell to anyone my Provided that you have

land. supported Noynoys
Presidential bid
 RESOLUTORY CONDITION:
EXTINGUISHES

I will give you my land. If you will not allow

others to use it.

I will support you Until you graduate

from college

I will not sell to anyone my Provided that you will

land.
not harvest the fruits
 SUSPENSIVE
The surrender of the sweepstakes
ticket is a condition precedent to
the payment of the prize won
You can only graduate
if you pass ObliCon
Acquisition of rights
depend upon the happening
of the event
RESOLUTORY
You can use my car
so long as you do not
violate traffic rules
You are guaranteed to
graduate until I find out
you have committed fraud
The happening of the
event produces the loss or
extinguishment of rights
 POTESTATIVE CONDITION
ORIGIN
Whenever you
I will give you my land. decide that you
want it
Depends on
I will sell to you my When you have the sole will
land. the guts to buy it of one of
the
IT Becomes void when it is contracting
the exclusive will of the parties
DEBTOR
 POTESTATIVE CONDITION
SOLE WILL OF THE DEBTOR
VOID
Relate 1182 to 1308 I will pay you after
Whenever you
I decide to have a
decide that you loan in a bank
want it

I will continue to lease your

property for as long as I need
I will
the premises and pay the rent pay you
if I want
I will pay you after I
recover what C owes me
 PERIOD
• Cases where debtor Binds himself to Pay:
1) as soon as possible
2) Little by little
3) From time to time
4) At any time I have the money
5) In partial payments
6) When I am in the position to pay
7) Whenever I am able
 Take note: SUSPENSIVE and
Sole will of the DEBTOR is VOID
• ONLY THE CONDITION IS VOID
• IT WILL NOT AFFECT THE PRINCIPAL
OBLIGATION

I will pay you after OBLI: PAY YOU

I recover what C CONDI: Recover
owes me owed
 Suspensive Condition depending upon the
will of the CREDITOR
• This is a valid obligation
• It is the nature/right of the creditor to demand

I will pay you my OBLI: PAY YOU

indebtedness upon CONDI: upon
your demand your demand
 PERIOD
• Art. 1180:
• If the duration is dependent upon the Debtor:
• FUTURE AND CERTAIN EVENT UPON THE ARRIVAL
of such FUTURE AND CERTAIN EVENT it either
CREATES RIGHTS or EXTINGUISHES RIGHTS.
• Examples:
• Debtor promises to pay when his means permit
him to do so.
 PERIOD CONDITION
As to Time

Refers to the future May refer to past event

unknown to the parties
As to Fulfillment
It will happen at an exact May or may not happen
date or at an indefinite
time, but is sure to arrive
As to its Influence on the Obligation to be Fulfilled or
Performed

No effect or influence upon May give rise to an

the existence of the obligation (suspensive) or
obligation but only in its the cessation of one
demandability or already existing
 PERIOD
• CERTAIN LENGTH OF TIME
WHICH DETERMINES THE
I WILL GIVE MY LAND TO YOU
EFFECTIVITY OR THE BEGINNING ON THE 1ST DAY
EXTINGUISHMENT OF OF NEXT YEAR
OBLIGATIONS

• SPACE IN TIME THAT HAS I WILL GIVE MY LAND TO YOU

INFLUENCE ON THE
IN THE END OF THE YEAR
OBLIGATION

• IT MAY SUSPEND I will pay on your 35th Birthday

DEMANDABILITY

• IT MAY PRODUCE • I will no longer support you

EXTINGUISHMENT when you reach 18 years old
 WITH A PERIOD
Definite
I will give you my land. ON DECEMBER -exact date or time
31, 2013 is known and given

ON THE THIRD Definite

I will sell to you my SUNDAY OF THE -exact date or time
land. 9TH MONTH is known and given

I will not sell to anyone my On the next

land. solar eclipse