Different Kinds of
Obligation (Primary)
Section 1: Pure and
Conditional Obligation
Section 6: Obligation with a
Penal Clause
- subject to
resolutory condition;
demandable at once
PURE
-
with a condition
imposed in its
performance
CONDITIONAL
- uncertain event;
every future or uncertain
event upon which an
obligation or provision is
made to depend.
Condition
Characteristic of Condition
1. Future and Uncertain
2. Past but uknown
Two Principal Kinds of Condition
1. -
give rise to the obligation
Suspensive Condition
2. -
extinguishes the obligation
Resolutory Condition
Classification of conditions
a) as to effect
suspensive
resolutory
b) as to form
c) as to possibility
d) cause of origin
e) as to mode
f) as to numbers
g) as to divisibility
Express
Implied
possible
impossible
potestative
casual
mixed
positive
negative
conjunctive
disjunctive
divisible
indivisible
Section 2: Obligations
with a Period
- is a future and
uncertain event upon the
arrival of which the
obligation arises or
terminated.
PERIOD
Kinds of period or term
1) according to effect
( -a term or period
with a suspensive effect, which means the
obligation becomes effective only from the arrival
of a certain day.
Suspensive Period EX DIE)
- a term or period
with a resolutory effect, which means the
obligation will subsist up to a certain day and it
terminates upon the arrival of that day.
Resolutory Period (IN DIEM)
2) according to source
- when it is
provided by the law
Legal Period
- when it is agreed by
the parties
Conventional and Voluntary
Period
3) according to definiteness
- when it is fixed
or it is know when it will come
Definite Period
- When it is fixed
by the court
Judicial Period
- when it is not
fixed and it is not known it will
come
Indefinite Period
Requisites for a valid term or period
1. It must be future
2. It must be certain, that is, sure to
come but may be extended by
mutual agreement
3. It must be possible
physically and legally.
Section 3: Alternative
Obligation
Kinds of Obligation according to object:
– there
is only one object
1.Simple Obligation
–
two or more prestations, it
may be
2.Compound Obligation
- one
where there are several prestation
and all of them are due
Conjuctive obligation
- one
where 2 or more of the
prestations is due
Distributive Obligation
– debtor is
alternatively bound with various prestations
that are due but the performance of one of
them is sufficient to extinguish the obligation.
Alternative Obligation
– debtor is bound to
perform one prestation is due to deliver one
thing with a reserved right to choose another
prestation or thing as substitute for the
principal.
Facultative Obligation
Section 4: Joint and
Solidary Obligations
Kinds of Obligations according to the
number of parties
– there is only
one debtor and one creditor in a contract
1. Individual Obligation
2 – there are two or
more debtor and two or more creditors
. Collective Obligation
- where the whole
obligation is to be paid or fulfilled
proportionately by the different debtors
and demanded proportionately by the
different creditors. This is the
presumption in all collective obligation
unless solidarity is expressly stated.
JOINT OBLIGATION
- where each one of
the debtors is bound render, and/or each creditor
has the right to demand from any of the debtors,
the entire compliance with the prestation.
SOLIDARY OBLIGATION
Kinds of Solidary
1. according to parties bound
solidarity on the part of
the debtor
Passive-
-solidarity on the part of
the creditor
Active
-solidarity on the part of the
debtors and creditors
Mixed
2. according to source -solidarity agreed upon
by the parties
Conventional
- solidarity is imposed by the lawLegal
- solidarity is imposed by the
nature of the obligation
Real
Consequences of Solidary Obligation
Passive Solidarity- one of the several
debtors can be made liable for the
payment or the performance of the entire
obligation. (full payment by any of the
debtor extinguishes the obligation)
Active Solidarity- one of the solidary
creditors can demand the payment or
performance of the entire obligation from
the debtor or any of the debtors. (There is
mutual representation w/ power to
exercise the rights of others in the same
manner as their own rights)
Solidary liability cannot be presumed
(1) When the obligation itself expressly
provides for solidarity, for the burden s
now assumed voluntarily by the debtor/s
who are supposed to take care of their
own concerns and affairs (Conventional
Solidarity)
(2)When the law expressly provides for
solidarity for which the law has its own
legal reason for the imposition of
solidarity (Legal Solidarity);
(3)When the nature of the obligation
requires solidarity (Real Solidarity)
Section 5: Divisible and
Indivisible Obligation
- is one of
the object of which, in its delivery
or performance, is capable of
partial fulfillment.
Divisible Obligation
is one of the
object of which in its delivery or
performance is not capable of partial
fulfillment.
Indivisible Obligation-
1.Qualitative Division – divisibility depends on
the quality of the thing; not homogenous (e.g.
Inheritance – real & personal property)
2.Quantitative Division – divisibility depends on the
numbers of the things; homogeneous (e.g. 1000
hectares of land can divided into how many parts)
3.Ideal Division – non-material divisibility; only
mental & intellectual (e.g. Corporation).
1.Legal Indivisibility – indivisibility provided by law
2.Conventional Indivisibility – indivisibility agreed upon
by both parties
3.Natural Indivisibility– indivisibility by reason of the nature of the
object or subject matter of the obligation
if the contract is divisible and a part of it is
illegal, the illegal part of the contract is
considered void and not enforceable.
if the contract is indivisible and a part of it is
illegal, the entire contract is considered void and
not enforceable.
- can stand by itself
and does not depend for its validity and
existence upon another obligation
Principal Obligation
- attached to a principal
obligation and therefore cannot stand alone.
Accessory Obligation
- an accessory undertaking
attached to an obligation to assume greater
liability in case of breach.
Penal Clause
Kinds of Penal Clause
1. as to its origin
Legal Penal Clause
Conventional Penal Clause
2. as to its purpose
Compensatory Penal Clause
Punitive Penal Clause
3. tas to its demandability effecSubsidiary or Alternative Penal Clause
Joint or Cumulative Penal Clause
