Chapter 3 Flashcards
(53 cards)
Conjunctive Obligation
It is an obligation where all of the alternative should be done or give.
Alternative Obligation
There are many prestations but only one can be performed or given.
Simple Obligation
1 prestation (performance)
Facultative Obligation
1 prestation but with substitute
Effect of Loss on Alternative Obligation (Debtor’s choice)
1.) What is the effect if, through the debtor’s loss, an alternative was lost?
2.) If through the debtor’s loss, all alternative was lost?
3.) What if only one remain because of debtor’s fault?
1.) The other alternatives can be chosen since it is the debtor’s choice.
2.) The last alternative lost value plus damages.
3.) The obligation becomes simple.
Naturally, who has the right of choice in alternative obligation?
Debtor, if stipulated then creditor.
Who has the right of substitution in facultative obligation?
Only the debtor.
Effects of Loss in ALTERNATIVE OBLIGATION (Debtor’s choice)
Through fortuitous event
1.) What is the effect if all was lost?
2.) What is the effect if only one remains?
1.) The obligation is extinguished since no person is liable for a fortuitous event unless stated by law,
2.) The obligation becomes simple
Compound Obligation
Two or more prestations
What is the remedy of the debtor if he can’t make a choice because of the creditor?
He can rescind or cancel the obligation (if an alternative was loss through creditor’s fault he will pay the value of it with damages)
What is the remedy of the debtor if he can’t make a choice because of the creditor?
He can rescind or cancel the obligation (if an alternative was loss through creditor’s fault he will pay the value of it with damages)
Joint Obligation
When the debtor’s shares are proportionate to the whole obligation (hati-hati) “each to their own”
Individual Obligation
Only 1 obligor or obligee
Collective Obligation
2 debtors and/or creditors.
Solidary Obligation
Where one of the debtor is bound to render to the whole obligation (passive solidary) and/or each creditors has the right to demand to the debtor of the whole obligation. (active solidary)
*“One for all, all for one”
Passive solidary
On the part of debtor
Active solidary
On the part of creditor
Conventional solidarity
When it is agreed upon by the parties
Legal Solidarity
When it is imposed by law.
Real solidarity
When it is imposed by nature of law
Is a collective obligation presumed to be joint?
Yes
What are others words for joint obligation?
Mancomunada; mancomundamente; pro rata; porportionately; we promise to pay
Prima facie
It is a rebuttable presumption
What is the right of the debtor in solidary obligation who paid the whole obligation?
He can reimburse the amount he paid from his co-debtor their proportionate share with interest if paid on the due date if not only the value of what he paid.
