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    Kinds of Obligation

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    Maryane Angela
    This document discusses the different kinds of obligations under civil code: 1. Pure and conditional obligations - pure obligations are demandable at once while conditional obligations depend on future, uncertain events or past unknown events. 2. Obligations can have suspensive or resolutory conditions. Suspensive conditions cause the birth of an obligation while resolutory conditions cause the extinguishment of an existing obligation. 3. Conditions can be potestative depending on one party's will, casual depending on chance or a third party's will, or mixed. Obligations may also have periods instead of conditions.

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    Kinds of Obligation

    Uploaded by

    Maryane Angela
    64 views3 pages
    This document discusses the different kinds of obligations under civil code: 1. Pure and conditional obligations - pure obligations are demandable at once while conditional obligations depend on future, uncertain events or past unknown events. 2. Obligations can have suspensive or resolutory conditions. Suspensive conditions cause the birth of an obligation while resolutory conditions cause the extinguishment of an existing obligation. 3. Conditions can be potestative depending on one party's will, casual depending on chance or a third party's will, or mixed. Obligations may also have periods instead of conditions.

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    This document discusses the different kinds of obligations under civil code: 1. Pure and conditional obligations - pure obligations are demandable at once while conditional obligations depend on future, uncertain events or past unknown events. 2. Obligations can have suspensive or resolutory conditions. Suspensive conditions cause the birth of an obligation while resolutory conditions cause the extinguishment of an existing obligation. 3. Conditions can be potestative depending on one party's will, casual depending on chance or a third party's will, or mixed. Obligations may also have periods instead of conditions.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    64 views3 pages

    Kinds of Obligation

    Uploaded by

    Maryane Angela
    This document discusses the different kinds of obligations under civil code: 1. Pure and conditional obligations - pure obligations are demandable at once while conditional obligations depend on future, uncertain events or past unknown events. 2. Obligations can have suspensive or resolutory conditions. Suspensive conditions cause the birth of an obligation while resolutory conditions cause the extinguishment of an existing obligation. 3. Conditions can be potestative depending on one party's will, casual depending on chance or a third party's will, or mixed. Obligations may also have periods instead of conditions.

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    of 3

    KINDS OF OBLIGATION (civil code)

    (1179- 1230)

    1. Pure and Conditional (1179 - 1192)

    Art. 1179 -" Every obligation whose performance does not depend upon a future or uncertain event,
    or upon a past event unknown to the parties, is demandable at once.
    (basically referring to pure obligations)
    -ang gustong ipioint out na ang lahat ng pure obligations ay demandable at once, at ganon din yung
    mga conditional obligations w/ resolutory conditions also are demandable at once

    Every obligation which contains a resolutory condition shall also be demandable, w/out prejudice to
    the effects of the happening event."
    - isang conditonal obli na merong isang specific type of condition

    PURE AND CONDITIONAL OBLIGATIONS


    Pure Obligations
    - obligations whose performance is not dependent upon condition or period.
    - so kung walang condition or period ito ay isang pure obliation which s demandable at once.

    Conditional obligations
    - naka depend upon a condition
    - obligations whose performance depends upon:
    •future and uncertain events; or
    •upon past events uknown to both parties na connected sa obligation
    - dahil kung known kahit na isa lang, hindi na matatawag na condition.

    Ex. Kirito promised Alice a brand new laptop. - PURE OBLIGATION dahil walang condition or
    period so it is demadable at once. It means a si Alice, pwede niyang idemand agad kay Kirito yung
    laptop.
    The obligation is to deliver the brand new laptop

    Kirito promised Alice a brand new laptop if Alice passes ber exam tomorrow.- CONDITIONAL
    OBLIGATION
    Obligation: to give a band new laptop
    But this obligation HAS a condition. Mangyayari lang ang obligation na toh IF Alice passes her exam
    tomorrow.
    Condition: IF Alice passes her exam tomorrow

    Article 1180 - "When the debtor binds himself to pay when his means to permit him to do so, the
    obligation shall be deemed to be the one with a period, subject to the provisions of article 1197."

    Article 1181 - "In conditional obligations, 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."
    - Classification of conditions

    Article 1182 - "When the fulfillment o the condition depends upon the sole will of the debtor, the
    conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the
    obliation shall take effect in conformity w/ the provisions of this code."
    - Classification/ kinds of conditions
    TYPES OF CONDITIONS
    According to effect on obligation (Art. 1181) According to whose will it depends (Art. 1182)
    1. Suspensive 1. Potestative
    2. Resolutory 2. Casual
    3. Mixed

    According to Effect on Obligation (1181)


    1. Suspensive Condition - conditions that cause the birth of the obligation.
    - itong mga conditions na ito, it causes the birth of the obligation, it means, kapag yung condition na
    "ito ay nangyari or nagtake effect, it will cause the BIRTH of the obligation. Ibig sabihin, magiging
    effective na yung condition from the moment na yung condition ay na meet or nagtake effect. Ibig
    sabihin, if hindi nag take effect yung condition, hindi magkakaroon ng obligation kasi WALANG
    BIRTH ng obligation.

    Ex. Taki promised Mitsuha a diamon ring if Misuha graduates valedictorian from her class.

    What is the obligation: the obligation is to give a diamond ring.


    What is the condition: IF Mitsuha graduates valedictorian from her class.
    - initially, wala pang obligation, hindi pa nag gigive rise yung obligation ni Taki na magbigay ng
    diamond ring
    - the very smple reason is hindi pa naman nami-meet yung condition.
    - once na nameet or nangyari yung suspensive condition, dun palang mag aarise or magte take effect
    yung obligation ni Taki.
    - so in this case kapag si Mitsuha grumaduate ng valedictorian, that is the only time na magkakaroon
    ng obligation si Taki.

    2. Resolutory Condition - conditions that cause te extinguishment of the obligation.


    - so baliktad, kung sa suspensive ay birth. Sa resolutory, extinguishment.
    - meaning to say, under Resolutory, meron nang ag eexist na obligation. Ibig sabihin, effective na siya
    initially. While in suspensive, wala pang nag tetake effect.
    - sa Resolutory Condition or obliations w/ resolutory conditions, meron nang obligation na nagtake
    effect. In the resolutory condition, the happening of the condition will cause the extinguishment of the
    obligation.
    - so meron nang nagtetake effect na obligation pero kapag nangyari yung condition, maeextinguish na
    yung obligation. It means kung sino man ang obligadong gawin ang obligation na yun, hindi na sia
    obligado kasi maeextinguish na.

    Ex. Taki bounds himself to shoukder Mitsuha's tuition fee until she graduates.
    What is the obligation? - Taki bounds himself to shoulder Mitsuha's tuition fee.
    What is the condition? - until she graduates
    - so how can we tell that this example is a Resolutory condition?
    - if you analyze the situation, initially effective na agad ang obligation ni Taki kay Mitsuha which is to
    shoulder her tuition fee. That obligation will only cease/stop or extinguish if the Resolutory condition
    happens.
    What is the resolutory condition? - "until she graduates"
    - so kapag naka graduate na si Mitsuha, that's the time na maeextinguish ang obligation ni Taki which
    is to shoulder Mitsuha's tuition fee.

    According to whose will it depends


    1. Potestative condition - fulfillment depemds upon the will of one of the parties (maybe potestative
    on the part of creditor or debtor)
    - ito ay nakadepende, or the fulfillment of the happening of the condition is fully dependent upon one
    of the parties.
    - "one of the parties" means obligee or obligor / creditor or debtor
    - it depends to only one of them, hindi pwedeng both.
    - "protestative only means one

    2. Casual Condition - Fulfillment depends upon chance and /or will of a 3rd person.
    - it depends upon the happening of an event which is independent of both the creditor or the debtor or
    upon a 3rd person wherein syempre dapat walamg influence si credito or si debtor sa 3rd person na
    yun.

    * What are the` conditions and its different types?


    *What are the suspesive and resolutory conditions?
    * Retroactive effects
    *Debtor's liability during a condition's pendency

    2. Obligation With a period (1193 - 1198)


    * What are the periods and it different types?
    * condition vs. period
    *When court can fix a period
    *Debtor's liab during a period's pendency

    3. Alternative (1199-1206)
    *Kinds of obligations according to prestation
    *Rules regarding alternative obligations
    *Facultative obligations

    4. Joint and Solidary (1207-1222)


    *Joint vs. Solidary obligations
    *Rules regarding joint and solidary obligations
    *Soldarity exists even though bound by different periods and conditions
    *Joint visible obligations

    5. Dvisible and Indivisible


    * When obligations are divisible and indivisible
    *Kinds of indivisibility
    *Divisibility distiguished from joint and soliadary obligations

    6. With a Penal Cause (1226-1230)


    *What is a penal clause?
    *Principal vs. Accessory obligations
    *When penalty is not a substitute for damages and interest

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