Anda di halaman 1dari 46

Y 



 
 
Article 1193
Obligations for whose fulfilment a day certain has been
fixed, shall be demandable only when that day comes.

Obligations with a resolutory period take effect at once,


but terminate upon arrival of the day certain.

A day certain is understood to be that which must


necessarily come, although it may not be known when.

If the uncertainty consists in whether the day will come or


not, the obligation is conditional, and it shall be
regulated by the rules of the preceding Section. (1125a)
Obligation with a Period
 One whose consequences are subjected
in one way or another to the expiration
of said period or term

PERIOD
 Length of time which determines the
effectivity or the extinguishment of the
obligation
Ú  IS IT IMPORTANT?
There are obligations you can do, but you
need time.
Obligations with a period answers the
question Ú EN.

Example: Paying a house ² not everybody


can buy a house at once
Period and condition distinguished
R  
As to fulfilment An event which must An uncertain event
happen sooner or
later, at a date known
beforehand, or a time
which cannot be
determined
As to time Always refers to the May also refer to a
future past event unknown
to the parties
As to influence on Merely fixes the time Causes an obligation
the obligation or the efficaciousness to arise or to cease
of an obligation
R  
As to effect, when left to Depends upon the will Depends upon the sole
debtor·s will of the debtor empowers will of the debtor
the court to fix the invalidates the obligation
duration thereof
As to retroactivity of Unless there is an Retroactive effect
effects agreement to the
contraty, the arrival of a
period does not have
any retroactive effect
èind of period
O According to effect:

a) Suspensive (ex die) - when the


obligation becomes demadable only
upon the arrival of the period
b) Resolutory (in diem) - the period is
resolutory when the performance must
terminate upon the arrival of the period
÷ According to source

a) Legal - when it is granted by law


b) Conventional or Voluntary - when it is
stipulated by the parties
c) Judicial - when it is fixed by the courts
* If the obligation does not fix a period,
but from its nature and circumstances it can
be inferred that a period was intended, the
courts may fix the duration thereof
˜ According to definiteness

a) Definite - refers to a fixed know date or


time
b) Indefinite - refers to an event which will
necessarily happen but the date of its
happening is unknown
AME
Instructions:

 Count of from 1 to 4. Form into groups.


 Select one representative per group.
 Úhoever raises his/her hands first will
have the opportunity to answer the
question.
ΠSTION O
According to definiteness, it is a kind of
period that refers to a fixed know date or
time
DEFINITE
Œ STION ÷ (Analogy)
Suspensive: demandable only upon the
arrival of the period;
__________: performance must terminate
upon the arrival of the period
RESOLUTOR
ŒUESTION 3
According to source, what kind of period is
agreed upon by the parties?
CONVENTIONAL OR
VOLUNTAR PERIOD
ŒUESTION 4 (Analogy)
As to time,
________: refers only to future;
Condition: refers past event unknown to
parties

INT: Length of time which determines the


effectivity or the extinguishment of the
obligation
PERIOD
Article 1194
In case of loss, deterioration or
improvement of the thing before the
arrival of the day certain, the rules in
Article 1189 shall be observed. (n)
1. If the thing is u
     u of the
debtor, the u  uu 
  

2. If the thing is u      u of the


debtor, he will be u    
 

3. If the thing    


   
 u of the debtor, the    
     
4. If the thing        
 u of the debtor, the   
   
     
u   u uu 

       


5. If the thing is        


   the improvement shall   
       

6. If the thing is       


   he shall have     
           
AME

ŒUESTION 1:
In case that the the thing was lost without
the fault of the debtor, what will happen
to the obligation?
OBLIATION IS EXTINUIS ED
ŒUESTION 2:
In case that the thing deteriorates with fault
of the debtor, what will happen to the
obligation?
RESCISSION OR FULFILLMENT OF
OBLIATION ÚIT INDEMNIT FOR
DAMAES
ŒUESTION 3:
In case the thing is improved by nature or
time, what happens to the obligation?
IMPROVEMENT OF OBLIATION FOR
T E BENEFIT OF T E CREDITOR
Article 1195
Anything paid or delivered before the
arrival of the period, the obligor being
unaware of the period or believing that
the obligation has become due and
demandable, may be recovered, with the
fruits and interests. (1126a)
 Same as article 1188 but the presumption
is that    
    

    

 as  u  u 
     because it is physically
impossible to recover the service
rendered
Article 1196
Úhenever in an obligation a period is
designated, it is presumed to have been
established for the benefit of both the
creditor and the debtor, unless from the
tenor of the same or other circumstances
it should appear that the period has been
established in favor of one or of the other.
(1127)
 The benefit must be made so that it would be
fair for both debtor and creditor.
 In this case, it is likewise stated that the debtor
may only pay his/her debt only at the date of
maturity or at the actual date stipulated.The
same also applies to the creditor where he/she
cannot demand payment from the borrower
before the deadline.
 Unless, there is consent between both parties
where it is agreed upon that payment due can
be paid ahead of time.
 Example: Debtor owes Creditor 1000 pesos
when the former borrowed money from the
latter on January 1st and must be paid on
December 31st. As such, if there is no consent
and/or is not stated in the contract, debtor
cannot pay back creditor before December 31
and conversely, creditor cannot demand that
debtor pay him before the due date.

 Example: If there is consent or agreement, then it


must be done so that the creditor would not be
inconvenienced.
Article 1197
If the obligation does not fix a period, but from its
nature and the circumstances it can be inferred
that a period was intended, the courts may fix the
duration thereof.

The courts shall also fix the duration of the period


when it depends upon the will of the debtor.

In every case, the courts shall determine such


period as may under the circumstances have been
probably contemplated by the parties. Once fixed
by the courts, the period cannot be changed by
them. (1128a)
Article 1198
The debtor shall lose every right to make use
of the period:

(1) Úhen after the obligation has been


contracted, he becomes insolvent, unless he
gives a guaranty or security for the debt;

(2) Úhen he does not furnish to the creditor


the guaranties or securities which he has
promised;
(3) Úhen by his own acts he has impaired said
guaranties or securities after their establishment,
and when through a fortuitous event they
disappear, unless he immediately gives new ones
equally satisfactory;

(4) Úhen the debtor violates any undertaking, in


consideration of which the creditor agreed to the
period;

(5) Úhen the debtor attempts to abscond. (1129a)


 Úhen the debtor loses the benefit of the
period
* The debtor shall lose every right to make use
of the period
* The term is extinguished
* The obligation is demandable at once
AME
TRUE OR FALSE:

ŒUESTION1
The court may fix the period if from the
nature and circumstances of the
obligation it can be inferred that a period
was intended?
TRUE
TRUE OR FALSE:

ŒUESTION 2
It is physically possible to recover service
rendered for obligations to do.
FALSE
Úhen the debtor loses the benefit of using
the period,

ŒUESTION 3
Úhat will happen to his right to the
period?
LOSES T E RI T TO USE T E
PERIOD
Úhen the debtor loses the benefit of using
the period,

ŒUESTION 4
Úhat will happen to the period or term?
PERIOD OR TERM ÚILL BE
EXTINUIS ED
Úhen the debtor loses the benefit of using
the period,

ŒUESTION 5
Úhat will happen to the obligation?
OBLIATION IMMEDIATEL
BECOMES DEMANDABLE