Documente Academic
Documente Profesional
Documente Cultură
Pure
Without a condition
the effectivity and extinguishment does not depened on the fulfillment or non-fulfillment of a condition or on the expiration of a term or period and is
immediately demandable
Demandable at once
Example: I promise to pay you 1 million, Ill pay you 1 million on demend.
Conditional
a condition is attached to it
effectivity is subordinated to the fulfillment or non-fulfillment of a future and uncertain fact or event
Ill buy your land for 10 million if you pass the last bar examinations (suspensive)
Ill give you my land now, but should you fail in the last bar examinations, your ownership will cease and it will be mine again (resolutory)
Characteristics of a Condition
Classification of Obligations
Type of Condition
Suspensive
Resolutory
Fulfillment of condition
results in acquisition of
rights arising out of the
obligation
I promise to do what you ask
provided that X condition is
first complied with
Fulfillment of the condition
results in extinguishment of
rights arising out of the
obligation.
Demandability arising
from the obligation is
suspended.
Obligation arises or
becomes effective;
obligor can be compelled
to comply with what is
incumbent upon him
Whatever is paid or
delivered by one or both
of the parties upon the
constitution of the
obligation shall have to
Demandable immediately
after its constitution and
rights are immediately
vested in the obligee.
Potestative
Casual
Mixed
Possible
Impossible
Condition is capable of
realization according to
nature, law, public, policy or
good customs.
Condition is not capable of
realization according to
nature, law, public policy or
good customs; or when it
restricts certain essential
rights which are necessary
for the free development of
human activity
Positive Condition
Negative Condition
TERM/PERIOD
Suspensive
CONDITION
Fact or event which is future and uncertain
May or may not happen
Exerts an influence upon the very existence of the
obligation itself
Has retroactive effect
Left exclusively to the will of the debtor, the very existence
of the obligation is affected
Must be possible otherwise obligation is void.
Resolutory
Legal
Conventional
Judicial
Definite
Indefinite
Granted by law
Stipulated by the parties
Fixed by courts
Date/time is known beforehand
Date/time of day certain is unknown
(e.g. death)
When specifically stated
As when a person undertakes to do
some work which can be done only
during a particular season
Period of grace/grace period
Express
Tacit
Original period
CONJUNCTIVE
When all the objects or prestations are demandable at the
same time
ALTERNATIVE OBLIGATIONS
Several objects are due
May be complied with by delivery of one of the objects or
by performance of one of the prestations which are
alternatively due
Choice may pertain to debtor, creditor, or third person
Loss/impossibility of all objects/ prestations due to
fortuitous event shall extinguish the obligation
Culpable loss of any of the objects alternatively due before
the choice is made may give rise to liability on the part of
the debtor
DISTRUBUTIVE
When only one is demandable it may either be alternative
or facultative
FACULTATIVE OBLIGATIONS
Only one object is due
May be complied with by the delivery of another object or
by the performance of another prestation in substitution
of that which is due
Choice pertains only to the debtor
Loss/impossibility of the object/prestations due to
fortuitous event is sufficient to extinguish the obligation
Culpable loss of the object which the debtor may deliver in
substitution before the substitution is effected does not
give rise to any liability on the part of the debtor.
SOLIDARY OBLIGATION
Each one of the debtors is bound to render and/or each
one of the creditors has a right to demand entire
compliance with prestation
JOINT OBLIGATION
The whole obligation is to be paid or fulfilled
proportionately by different debtors or demanded
proportionately by different creditors
JOINT INDIVISIBLE
Midway between joint and solidary obligations, preserving
the two characteristics of the joint obligation, in that no
creditor can do an act prejudicial to others, and no debtor
can be made to answer for others.
INDIVISIBILITY
Refers to the prestation that is not capable of partial
performance
Exists even if there is only one creditor and one debtor
SOLIDARITY
Refers to the legal tie or vinculum juris and consequently
to the subjects pr parties of the obligation
Exists only if there is more than one creditor or more than
one debtor (plurality of subjects)
Each creditor may demand the entire prestation and each
debtor is bound to pay the entire prestation.
Effect of breach: solidarity remains
All the debtors are liable for the breach of the obligations
committed by a debtor
All debtors are proportionately liable for the insolvency of
one debtor
Penal Clause
Constitutes an obligation
May become demandable upon default of the
unperformed obligation and sometimes jointly with it
Condition
Does not constitute an obligation
Never demandable
Conditional Obligation
No obligation before the suspensive condition happens
Alternative Obligation
Two or more obligations are due
The impossibility of one without the fault of the debtor,
leaves the other subsisting
Debtor can choose which prestation to fulfill
Facultative Obligation
Power of the debtor to make the substitution is absolute
Guaranty
Object of the obligations of the principal debtor and the
guarantor is the same
Principal debtor cannot be the guarantor of the same
obligation
Guaranty subsists even when the principal obligation is
voidable unenforceable or a natural one