Kinds of Obligations

Question 1

is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.

Answer 1

Pure Obligation

Question 2

is one whose effectivity or extinguishment does not depend upon the fulfillment or non-fulfillment of a condition or upon the expiration of a term or period, and which, as a consequence, is characterized by the quality of immediate demandability.

Answer 2

Pure Obligation

Question 3

the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.”

Answer 3

Conditional Obligation

Question 4

Is one whose effectivity or extinguishment
depends on the fulfillment or non-fulfilllment of a condition.

Answer 4

Conditional Obligation

Question 5

Is a future and uncertain event, upon the
happening of which, the effectivity or
extinguishment of an obligation(or right) subject to it depends.

Answer 5

Condition

Question 6

Determines the existence of an obligation.

Answer 6

Condition

Question 7

Characteristics of Condition

Answer 7

Future and Uncertain, Past but Unknown

Question 8

the event must be both future
and uncertain. Its very occurrence and the time of
such occurrence must be uncertain.

Answer 8

Future and Uncertain

Question 9

a condition may refer to a past
event unknown to the parties.

Answer 9

Past but Unknown

Question 10

cannot be a condition because it is not
future and uncertain event, more properly called as
“basis”, although proof of past event may be a condition.

Answer 10

Past Event

Question 11

Primary Kinds of Condition

Answer 11

Suspensive Condition, Resolutory Condition

Question 12

Other Kinds of Condition

Answer 12

Potestative condition
 Casual condition
 Mixed condition
 Impossible condition
 Positive condition
 Negative condition

Question 13

the happening of which gives
rise to an obligation (condition precedent or
antecedent)

Answer 13

suspensive condition

Question 14

the happening of which
extinguishes the obligation (condition subsequent)

Answer 14

Resolutory Condition

Question 15

where the fulfillment
depends upon one‘s will (either the debtor,
creditor or a third person)

Answer 15

Potestative Condition

Question 16

when the fulfillment of the
condition depends upon chance

Answer 16

Casual Condition

Question 17

when the fulfillment of the condition
depends partly upon one‘s will and partly upon chance

Answer 17

Mixed Condition

Question 18

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.

Answer 18

Impossible Condition

Question 19

when they, in
nature of things, cannot exist or cannot be done.

Answer 19

Physically Impossible Condition

Question 20

when they are contrary to law, morals, good customs, public order. or public policy

Answer 20

Legally Impossible Conditions

Question 21

the happening of an
event at a determinate time. The obligation is
extinguished:

Answer 21

Positive (Suspensive) Condition

Question 22

is an event that will not happen at
a determinate time. The obligation shall become effective and binding:

Answer 22

Negative Obligation

Question 23

Perishes

Answer 23

Physical Loss

Question 24

Goes out the commerce of
man

Answer 24

Legal Loss

Question 25

Disappears in such a away that its existence in unknown or it cannot be recovered

Answer 25

Civil Loss

Question 26

Loss

Answer 26

1. Perishes (physical loss) 2. Goes out the commerce of man (Legal loss) 3. Disappears in such a away that its existence in unknown or it cannot be recovered (Civil loss)

Question 27

Any reduction or impairment in the substance or value of a thing which does not amount to a loss. The thing still exists at the time the condition is fulfilled, but it is no longer intact, or is less than what it was when the obligation was constituted.

Answer 27

Deterioration

Question 28

Anything added to, incorporated in or attached to the thing that is due.

Answer 28

Improvement

Question 29

–When only one party is obliged to comply with a prestation (e.g. donation)

Answer 29

Unilateral

Question 30

–When both parties are mutually bound to each other

Answer 30

Bilateral

Question 31

are those arise from the same cause and in which party is a debtor and creditor of the other, such the performance of one is designed to the equivalent and the condition for the performance of the other.

Answer 31

Reciprocal

Question 32

–those which do not impose simultaneous and correlative performance on both parties. (e.g. X borrowed from Y P5,000. Y borrowed X’s car. )

Answer 32

Non-reciprocal

Question 33

A space of time which, exerting an influence on obligations as a consequence of a juridical act, suspends their demandability or determines their extinguishment.

Answer 33

Obligation with a Period

Question 34

all prestations must be performed to extinguish obligation

Answer 34

Conjuntive

Question 35

one or some prestations must be performed to extinguish obligation

Answer 35

Disjunctive

Question 36

Debtor must perform one of several prestations, choice belongs to debtor UNLESS expressly given to the creditor

Answer 36

Alternative Obligation

Question 37

One principal prestation but one or more substitutes, choice belongs to debtor only

Answer 37

Facultative Obligation

Question 38

one where there is only one obligor or obligee

Answer 38

Individual

Question 39

one where there are two or more debtor and/or two or more creditors

Answer 39

Collective

Question 40

one where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors.

Answer 40

Joint Obligation

Question 41

one where each one of the debtors is bound to render, and/or each one of the creditors has a right to demand from any of the debtors, entire compliance with the prestation.

Answer 41

Solidary Obligation

Question 42

solidarity of creditors; each has the right to collect the whole prestation from the common debtor -The credit and its benefit are divided equally among the creditors UNLESS there is an agreement among them to divide differently

Answer 42

Active

Question 43

solidarity of debtors; each is liable to pay the whole to the common creditor (Mutual guaranty)

Answer 43

Passive

Question 44

simultaneously active and passive

Answer 44

Mixed

Question 45

same terms and condition for all or the same stipulations for all

Answer 45

Uniform

Question 46

when the parties are not subject to the same obligations

Answer 46

Varied or Non-uniform

Question 47

is one the object of which, in its delivery or performance, is capable of partial fulfillment.

Answer 47

Divisible Obligation

Question 48

is one the object of which, in its delivery or performance, is not capable of partial fulfillment.

Answer 48

Indivisible Obligation

Question 49

or one based on quality, not on the number of the things which are the object of the obligation.

Answer 49

qualitative division

Question 50

or one based on quantity rather than on quality

Answer 50

quantitative division

Question 51

or one which exists only in the minds of the parties

Answer 51

intellectual division

Question 52

is one which can stand by itself and does not depend for its validity and existence upon another obligation.

Answer 52

Principal Obligation

Question 53

is one which is attached to a principal obligation and therefore, cannot stand alone.

Answer 53

accessory obligation

Question 54

Is one which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach.

Answer 54

Obligation with penal clause

Question 55

Is an accessory undertaking attached to an obligation to assume greater liability in case of breach, i.e., the obligation is not fulfilled, or is partly or irregularly complied with.

Answer 55

Penal Clause

Question 56

when the penalty is imposed merely as punishment for breach

Answer 56

punitive penal clause

Question 57

when the penalty takes the place of damages

Answer 57

compensatory penal clause

Question 58

when only the penalty can be enforced

Answer 58

Subsidiary or alternative penal clause

Question 59

when both the principal obligation and the penal clause can be enforced.

Answer 59

Joint or cumulative penal clause-

Question 60

those which requires the debtor to give

Answer 60

Real Obligation

Question 61

those which requires the debtor to do or not to do something

Answer 61

Personal Obligation

Question 62

those which are capable of being accomplished by the debtor in accordance with nature or in law

Answer 62

Possible Obligation

Question 63

Those which are not capable of being accomplished by the debtor in accordance with nature or in law

Answer 63

Impossible Obligation

Question 64

an obligation that is subject to the fulfillment of an event that is certain to happen, although the date may not be known as of the moment

Answer 64

obligation with a term

Question 65

the debtor is obliged to give or do something in favor of the creditor

Answer 65

Positive Obligation

Question 66

when the debtor is forbidden to do something

Answer 66

Negative Obligation

Question 67

obligations which are expressly provided by law

Answer 67

Legal Obligation

Question 68

obligations which are created by the agreement of the parties

Answer 68

Conventional Obligation

Question 69

an obligation where there is only one prestation

Answer 69

Single Obligation

Question 70

an obligation wherein there is no provision of penalty in case there is a default

Answer 70

simple obligation

Question 71

an obligation which already provides a sort of penalty for violation of its terms

Answer 71

obligation with penalty/penal clause