Obligation L3 Domingo Flashcards
(41 cards)
An obligation whose performance does not depend upon a future or uncertain event or upon a past event unknown to the parties which is demandable at once. There is nothing to exempt the obligor from compliance therewith.
Pure Obligation
An obligation where the acquisition of rights, as well as the extinguishments or loss already acquired, shall depend upon the happening of the event which constitutes the condition.
Conditional Obligation
Is defined as “every future event and uncertain event upon which an obligation is made to depend. It is a future and uncertain event upon which the acquisition or resolution of rights is made to depend by whose execute the juridical act”
Condition
The fulfillment of the condition results in the acquisition of rights arising out of the obligation.
Suspensive Condition
The fulfillment of the condition results in the extinguishment of rights arising out of the obligation.
Resolutory Condition
The condition is capable of realization according to nature, law, public policy or good customers
Possible Condition
The condition is not capable of realization according to nature , law, morals, good customs, public order, and public policy
Impossible Condition
A condition whose fulfillment depends upon the sole of will of one of the contracting parties.
Potestative Condition
The fulfillment of condition depends upon chance and/or upon the will of a third person
Causal Condition
The fulfillment of the condition depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person.
Mixed Condition
An obligation whose fulfillment or extinguishment depends upon a future and certain event.
Obligations with a period
An interval of time, which, exerting an influence on an obligation as a consequence of a juridical act, either suspends its demand ability or produces its extinguishment
Period
Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes
Suspensive Period
Obligation with a resolutory period take effect at once but, terminate upon arrival of the day certain
Resolutory Period
An obligation which involves multiple prestation that debtor will only perform one prestation.
Alternative Obligations
An obligation which involves a principal prestation and a substitute prestation
Facultative Obligations
An obligation where each debtor can be made to pay only his share in obligations
Joint Obligations
An obligation where one debtor can be made to pay for his whole obligation subject to reimbursement
Solidary Obligations
An obligation whose performance of the prestation can be fulfilled in parts
Divisible Obligations
An obligation whose performance of the prestation cannot be fulfilled in parts
Indivisible Obligations
An obligation which contains an undertaking to assume greater liability in case of breach of said obligation
Obligations with a penal clause
An obligation which only one party is bound to perform an obligation like in a contract of donation and commodatum
Unilateral Obligations
An obligation where both parties are reciprocally bound to perform an obligation like in a contract of sale, contract of lease, and barter
Bilateral Obligations
An obligation to give
Real Obligations