Post on 13-Apr-2018
7/27/2019 Kinds of Obligation
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SUMMARY:• Pure Obligation
• Conditional Obligation
• Obligation with a period
• Alternative Obligation
• Facultative Obligation• Joint/Solidary Obligation
• Obligations with a Penal Clause
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Pure Obligation:• An obligation whose performance is
demandable at once and does not
depend upon a condition or a period.
• Example:
I promise to deliver AVON products to
A. Signed: B
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Conditional Obligation:• An obligation whose demandability or
extinguishment is subject to a condition
• Example:I promise to deliver AVON products to Aif he passed LEM1J02 under Atty. Guia.
Signed: B• Condition – a future and uncertain
event which may or may not happen
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Kinds of Condition:• Suspensive Condition – the happening of
which gives rise to an obligation
• Resolutory Condition – the happening ofwhich extinguishes the obligation
• Potestative condition – where thefulfillment depends upon one’s will (either
the debtor, creditor or a third person)• Casual condition – when the fulfillment of
the condition depends upon chance
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Kinds of Condition:• Mixed condition – when the fulfillment of
the condition depends partly upon one’s
will and partly upon chance.• Impossible Condition – that which is not
capable of fulfillment because it is contrary
to the law of nature or contrary to law,morals, public order or public policy.
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Article 1191:• This article applies only to reciprocal
obligations and there is no express
power to rescind.• If one of the parties in reciprocal
obligations fails to comply with what
is incumbent upon him, there is aright on the part of the other torescind.
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Article 1191:• Rescission (Cancellation) can be
demanded only if plaintiff is ready, willing
and able to comply with his own obligationand the other is not.
• Slight breaches will not cause rescission.
• Right to rescind needs judicial approval ifthere has been delivery. If there is nodelivery, judicial approval is not necessary.
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Article 1191:• Right is presumed, need not be
express
• Choices: (These are alternative notsimultaneous)
1. Specific performance + damages2. Rescission + damages
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Obligations with a Period:Definition: Those whose demandability
or extinguishment are subject to the
expiration of a term or period.Example: “I shall deliver the
determinate thing on July 8, 2003.”
Period or “a day certain” – a future andcertain event which must surely cometo pass.
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Kinds of period: Suspensive period
(ex die)
Resolutory period (indiem)
Legal/Conventional
Voluntary Period
Definite Period
Indefinite Period
Judicial Period
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Judicial period:This is a period which is fixed by the courts.
The courts are empowered to fix the
duration of a period in an obligation in thefollowing instances:
1. If the debtor binds himself when his meanspermit him to do so.
2. If the obligation does not fix a period but itcan be inferred that a period was intendedby the parties.
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Example: Article 1687 of the New Civil Code.
Month to month – court may fix a period
if lessee occupied for more than oneyear
Weekly- if lessee occupied for more than
six monthsDaily – if lessee occupied for more thanone month.
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Facultative Obligation:Obligation where only one principal
prestation is due, but the debtor may
render another in substitution.
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Alternative Obligation: An obligation wherein two or more
prestations are due, and payment or
delivery of one is sufficient toextinguish the obligation.
Rules:
1.
The right of choice belongs to thedebtor unless the choice is given tothe creditor
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Alternative Obligation:Rules:
2. The choice must be communicated to the
creditor, otherwise it has no effect. Oncethe choice is communicated to the creditor,the alternative obligation ceases and itbecomes a pure obligation.
3. If all the prestations are lost through afortuitous event before selection, theobligation is extinguished
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Alternative Obligation:Rules:
4. If through the fault of the debtor all
the prestations are lost beforeselection, the creditor shall have aright to indemnity for damages
equivalent to the value of the thinglost plus damages.
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Alternative Obligation:If the right of selection is expressly given to the
creditor, the following rules apply:
1.
The creditor must communicate to thedebtor the prestation he has selected;
2. If one thing is lost through a fortuitousevent, the creditor may choose from the
remaining prestations3. If only one prestation is left, the debtor
must deliver it even without notice from thecreditor.
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Alternative Obligation:4. If one prestation is lost through
debtor’s fault, the creditor may choose
from the remaining prestations ordemand the value of the thing plusdamages;
5. If all the things are lost throughdebtor’s fault, the creditor maydemand the value of any of the thingslost.
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Obligation with a penal clause:It is an obligation with an accessory
undertaking by virtue of which the
obligor assumes a greater liability incase of breach of the obligation.
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Important:The penalty shall substitute the indemnity for
damages and the payment of interest in
case of non-compliance, if there is nostipulation to the contrary.
Damages (Exemplary damages) as well as thepenalty (liquidated damages) shall be
recovered if obligor refuses to pay thepenalty or when the obligor is guilty offraud.
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Joint and Solidary Obligations:Joint Obligation – takes place when there is
concurrence of several debtors or creditors,by virtue of which each of the creditors hasthe right to demand, while each of thedebtor is bound to render compliance withhis proportionate part of the prestation.
Solidary Obligation – takes place where each ofthe creditors is entitled to demand or eachof the debtors is bound to rendercompliance of the entire obligation.
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Problems: A, B, and C are indebted to D in the
amount of P15,000.00. How much
can D recover from C?
Answer: P5,000.00
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Problems: A is indebted to B, C and D in the amount
of P15,000.00. How much can C
recover from A?
Answer: P5,000.00
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Problems: A and B are indebted to C, D and E in the
amount of P15,000.00. How much
can C recover from A?
Answer: P2,500.00
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Important:The contract is presumed to be joint unless the
obligation expressly states for its solidarity;or when the law expressly provides for itssolidarity
Kinds of solidarity:
1. Passive Solidarity – existing among debtors
2. Active Solidarity – existing among creditors3. Mixed Solidarity – existing among debtors
and creditors
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Problems: A, B and C are jointly and solidarily liable
to D in the amount of P15,000.00.
How much can D recover from A?
Answer: P15,000.00
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Problems: A is liable to B, C and D (solidary
creditors) in the amount of
P15,000.00. How much can D recoverfrom A?
Answer: P15,000.00
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Problems: A and B are jointly and solidarily liable to
C, D and E in the amount of
P15,000.00. How much can C recoverfrom A?
Answer: P5,000.00
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Problems: A and B are liable to C, D and E (solidary
creditors) in the amount of
P15,000.00. How much can C recoverfrom A?
Answer: P7,500.00
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Problems: A and B are jointly and solidarily liable to
C, D and E (solidary creditors) in the
amount of P15,000.00. How muchcan C recover from A?
Answer: P15,000.00
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Important:• Solidarity may exist although the creditors and the
debtors may not be bound in the same manner andby the same periods and conditions. (Art. 1211)
• Each one of the solidary creditors may do whatevermay be useful to the others, but not anythingwhich may be prejudicial to the latter (Art. 1212)
• Novation, compensation, confusion or remission ofthe debt, made by any of the solidary creditors orwith any of the solidary debtors shall extinguish theobligation without prejudice to the provisions of Art. 1219 (Art. 1215).
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Important:• Payment by a solidary debtor shall not entitle him
to reimbursement from his co-debtors if suchpayment is made after the obligation has
prescribed or become illegal. (Art. 1218)• The remission made by the creditor of the share
which affects one of the solidary debtors does notrelease the latter from his responsibility towardsthe co-debtors, in case the debt has been totally
paid by anyone of them before remission iseffected(Art.1219)