CHAPTER 4- DIFFERENT KINDS OF OBLIGATIONS Flashcards
(41 cards)
DIFFERENT KINDS OF OBLIGATIONS
- pure and conditional
- with a period
- alternative and facultative
- joint and solidary
- divisible and indivisible
- with a penal clause
One which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.
One without a condition or a term (hence, demandable at once, provided there will be no absurdity).
- PURE OBLIGATION
- One whose consequences are subject in one way or another to the fulfillment of a condition.
- CONDITIONAL OBLIGATION
WHEN IS AN OBLIGATION DEMANDABLE AT ONCE?
- When it is pure.
- When it is subject to a resolutory condition
- When it is subject to a resolutory period.
DEBTOR TO PAY “WHEN HIS MEANS PERMIT”
Obligation is one with TERM or PERIOD
- “When my means permit to do so”
- “When I can afford it”
- “When I am able to”
- “When I have money”
- A future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or rights) subject to it depends.
- A condition must not be impossible.
CONDITION
- one the fulfillment of which will give rise to an obligation (or right).
SUSPENSIVE CONDITION
- one the fulfillment of which will
extinguish an obligation (or right) already existing.
RESOLUTORY CONDITION
THREE KINDS OF CONDITIONS
- POTESTATIVE
- CASUAL
- MIXED
- The happening of an event at a determinate time.
POSITIVE CONDITION
POSITIVE CONDITION
The obligation is extinguished:
(1) as soon as the time expires without the event taking place; or
(2) as soon as it has become indubitable that the event will not take place although the time specified has not yet expired.
- an event will not happen at a determinate time. The obligation shall become effective and binding:
NEGATIVE CONDITION
NEGATIVE CONDITION
- an event will not happen at a determinate time. The obligation shall become effective and binding:
(1) from the moment the time indicated has elapsed without the event taking place; or
(2) from the moment it has become evident that the event cannot occur, although the time indicated has not yet elapsed.
EFFECTS OF FULFILLMENT OF SUSPENSIVE CONDITIONS
A. Retroactivity
B. No Retroactivity
The obligation becomes effective to the day the obligation was constituted.
Retroactivity
No Retroactivity in___
- fruits or interests.
- period of prescription ( the period runs from the day the condition was fulfilled, because it can be enforced only from said date.
NO RETROACTIVE EFFECTS AS TO FRUITS AND INTERESTS
A. Unilateral Obligations- debtor gets the fruits and interests unless there is a contrary intent.
B. Reciprocal Obligations- The fruits and interests during the pendency of the condition shall (for the purpose of convenience and practical effectiveness) be deemed to compensate each other (even though they really be unequal).
- If not allowed to take the appropriate actions, there is a danger the creditor will receive nothing, as when the object is deliberately destroyed, or hidden, or alienated.
ACTIONS TO PRESERVE CREDITOR’S RIGHTS
- What was paid by mistake may be recovered be- cause, after all, the condition may not materialize. In the meantime, the debtor has lost the use of the object. It is unfair for the creditor to unjustly enrich himself. This is a case of SOLUTIO INDEBITI (undue payment).
RIGHT OF DEBTOR TO RECOVER WHAT WAS PAID BY MISTAKE
Art. 1189. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition:
(1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished;
(2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered;
(3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor;
(4) If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case;
(5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor;
(6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.
WHAT ARE THE THREE THINGS THAT MAY HAPPEN TO THE OBJECT OF AN OBLIGATION PENDING THE FULFILLMENT OF A SUSPENSIVE CONDITION?
A. The object may be lost
a) without the fault of the debtor
b) with fault of the debtor
c) partly with and partly without the fault of the debtor
B. The object may deteriorate
a) without the fault of the debtor
b) with the fault of the debtor
c) partly with and partly without the fault of the debtor
C. The object may improve:
a) by nature or by time
b) through the expense of the debtor
c) partly through nature or time and partly by the debtor
EFFECTS WHEN RESOLUTORY CONDITION IS FULFILLED
- The obligation is extinguished.
- Because the obligation had been extinguished and considered to have had no effect, the parties should restore to each other what they have received.
- From the actual things received, the fruits or the interests thereon should also be returned after deducting of course the expenses made for their production, gathering, and preservation.
- The rules given in Art. 1189 will apply to whoever has the duty to return in case of the loss, deterioration, or improvement of the thing.
- right to cancel (or resolve) the contract or reciprocal obligations in case of non-fulfillment on the part of one.
RIGHT TO RESCIND
- obligations where two parties are reciprocally obliged to do or give something. (Example: contract of sale).
RECIPROCAL OBLIGATIONS
