Professional Documents
Culture Documents
Types of Obligations
1.Pure
6. Solidary
2.Conditional
7. Divisible
3.Obligations
with a period
8. Indivisible
4.Alternative
5.Joint
9. Obligations
with a penal
clause
!
Types of Obligation
Pure obligation
not subject to any condition
no specific date is
mentioned for its fulfillment,
therefore immediately
demandable
Types of Obligation
Conditional
obligation
A conditional obligation is
one whose consequences
are subject in one way or
another to the fulfillment of
a condition
Condition
future AND uncertain
event
may refer to a past event
unknown to the parties
Art. 1180
When the debtor binds himself
to pay when his means permit
him to do so, the obligation
shall be deemed to be one with
a period, subject to the
provisions of Article 1197.
little by little
as soon as possible
from time to time
as soon as I have the
money
Types of Obligation
Period
future AND certain event upon
the arrival of which the obligation
or right subject to it either arises
or is terminated
day certain which must
necessarily come, although it
may not be known when
Kinds of period
According to source
LEGAL period fixed by law
!
Kinds of period
According to source
JUDICIAL period fixed by the court
Kinds of period
Other classifications
SUSPENSIVE a period which
must lapse before the obligation
can be demanded
!
2. As to influence on the
obligation:
A condition causes an
obligation to arise or to cease;
while a period merely fixes the
time of the efficaciousness of
an obligation
3. As to time:
Computation of term or
period
When the laws speak of years, months, days or
nights, it shall be understood that years are of three
hundred sixty five days each; months, of thirty days;
days, of twenty-four hours, and nights, from sunset to
sunrise.
Types of Obligation
Alternative obligation
An alternative obligation is one
wherein various prestations are
due but the performance of one
of them is sufficiently determined
by the choice which as a general
rule belongs to the debtor.
Art. 1200
Alternative Obligations
Alternative Obligations
General Rule:
Right to choose the prestation
belongs to the debtor
Alternative Obligations
Exceptions:
Right to choose the prestation may be exercised by
the creditor ONLY when EXPRESSLY granted to him
Alternative Obligations
Alternative Obligations
Types of Obligation
Joint obligation
A joint obligation is 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
Types of Obligation
Solidary obligation
General Rule on
Joint and Solidary Obligations
Collective obligation is
presumed to be joint
General Rule on
Joint and Solidary Obligations
Solidary obligation exists only
when:
The obligation expressly so states;
The law requires solidarity; or
The nature of the obligation
requires solidarity
Types of Obligation
Divisible obligation
A divisible obligation is one
the object of which, in its
delivery or performance, is
capable of partial
fulfillment.
Types of Obligation
Indivisible obligation
An indivisible obligation is
one the object of which, in
its delivery or performance,
is NOT capable of partial
fulfillment.
General Rule
In determining whether an
obligation is divisible or not,
the controlling circumstance
is not the possibility or
impossibility of partial
prestation but the purpose of
the obligation or the intention
of the parties
General Rule
Even though the object or
service may be physically
divisible, an obligation is
indivisible if so provided
by law or intended by the
parties
General Rule
!
Types of Obligation
Types of Obligation