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DIFFERENT KINDS OF OBLIGATIONS

Pure Obligation- one whose effectivity or extinguishment does not depend upon the
fulfillment or non-fulfillment of a condition or upon the expiration of a term or period;

Conditional obligations- one whose effectivity is subordinated to the fulfillment or


non-fulfillment of a future and uncertain act or event.

Kinds of conditional obligation:

1.SUSPENSIVE 2.RESOLUTORY
Condition precedent Condition subsequent
Results in the acquisition of rights Results in the extinguishment of rights
arising out of the obligations arising out of the obligations
The happening of the condition gives The happening of the condition
birth to the obligation. extinguishes obligation
If the condition is not fulfilled, no If the condition is not fulfilled, juridical
juridical tie is created. relation is consolidated.
What is acquired by the obligee in the What is acquired by the obligee in the
constitution of the obligation is only constitution of the obligation are rights
mere hope and expectancy, protected that are subject to threat or danger of
by law. extinction.
Effects
Before Fulfillment After Fulfillment Before Fulfillment After Fulfillment
Demandability as The obligation The obligation is The rights vested
well as the arises and subject to the in the obligation is
acquisition or becomes threat of extinguished.
effectivity of rights effective. extinction.
arising from the
obligation is
suspended.
The right of the The right of the Placed in the Whatever is paid
creditor is mere creditor is same or
hope & perfected. position with delivered to any of
expectancy. (becomes creditor in the parties should
effective & obligation with be
demandable) suspensive returned (return to
condition. status quo)
Effects are
retroactive
(applicable only to
Consensual
contracts)
3. POTESTATIVE 4. CASUAL 5. MIXED
fulfillment of the obligation fulfillment of the condition fulfillment of the obligation
depends upon the will of a depends upon chance/or depends upon the will of a
party to the obligations upon the will of a third party to the obligation and
person partly upon chance and/or
will of a third person.
Effects
dependent on the creditor The obligation and the The obligation and the
condition and obligation, condition shall take effect. condition shall take effect.
(valid and enforceable) (valid and enforceable)
VALID dependent on the
debtor condition and
obligation, VOID

6. POSSIBLE 7. IMPOSSIBLE
when the condition is capable of when the condition is not capable of
realization according to nature, law, realization according to nature, law,
public policy, or good customs. public policy, or good customs. (contrary
to good customs or public policy, illicit,
illegal)
Effects
The obligation and the condition is valid Annulment of the obligation that are
and enforceable. dependent of such impossible condition

8. POSITIVE 9. NEGATIVE
condition involves the performance of an condition involves the omission of an act.
act
The event will happen or take place. The event will NOT happen or take
place.
Effects
The obligation is extinguished as soon as The obligation is rendered effective from
the time expires or if it becomes the moment the time indicated has
indubitable that the event will not take elapsed, or if it has become evident that
place. the event cannot occur.

10. RECIPROCAL OBLIGATION


-created or established at bthe same time, out of the same cause and which results
in the mutual relationship of creditor and debtor between the parties.
-characterized by reciprocity; one obligation is correlative of the other.
-bilateral in character.
-tacit resolutory condition.
11. OBLIGATIONS WITH A PERIOD
obligations whos demandability or extinguishment is subject to the expiration of a
term or a period.
Effects
Suspensive term or period the demandability of the obligation is
extinguished, not the acquisition of right
or the effectivity of the obligation.
Resulotory term or period The fulfillment or performance of the
obligation is demandable at once, but it is
extinguished or terminated upon the
arrival of the day certain or the expiration
of the term.
Classification of Term/Period
SUSPENSIVE OR RESOLUTORY
Suspensive demandable only upon the arrival of a
day certain.
Resolutory demandable at once, although it is
terminated upon the arrival of a day
certain
LEGAL, CONVENTIONAL, OR JUDICIAL
Legal term or period granted by law
Conventional stipulated by the parties
Judicial fixed by the courts
DEFINITE OR INDEFINITE
Definite the date or time is known
beforehand
Indefinite can only be determined by
an even which must necessarily come
to pass, although it may not be known
when.

12. DISTRIBUTIVE OBLIGATION


when only one object of the obligation is demandable.
12.1. FACULTATIVE vs 12.2. ALTERNATIVE
Only one object Object due Several objects
By the delivery of another By the delivery of one of
object or by the Compliance the
performance of another objects or by the
prestation in substitution performance of one of the
prestations which are
alternatively due.
Pertains only to the debtor Choice May pertain to the debtor,
or creditor, or third person
Loss or impossibility of the Effect of Loss of all the objects of
object extinguishes the Fortuitous prestation is necessary to
obligation Loss extinguish the obligation
Does not give rise to Effect of May give rise to a liability
liability on the part of the Culpable on the part of the debtor
debtor Loss
13. JOINT OBLIGATION 14. JOINT INDIVISIBLE 15. SOLIDARY
OBLIGATIONS OBLIGATION

obligation where there is a -midway between joint and -obligation where there is
concurrence of several solidary obligations a
creditors, or of several characteristics: concurrence of several
debtors, or of several • no creditor can act in creditors, or of several
creditors and debtors, by representation of the debtors, or of several
virtue of which each of the other creditors and debtors, by
creditors has a right to • no debtor can be virtue of which each of the
demand, and each of the compelled to answer for creditors has a right to
debtors is bound to the liability of the others. demand, and each of the
render, compliance with – joint with respect of the debtors is bound to
his proportionate part of parties render, entire compliance
the prestation which – indivisible with respect with the prestation which
constitutes the obligation the fulfillment of the constitutes the obligation
obligation
General rule: If there is a
concurrence of several
creditors, or of several
debtors, or of several
creditors and debtors, the
presumption is that the
obligation is JOINT and
not solidary.

16. DIVISIBLE 17. INDIVISIBLE

condition is susceptible of partial condition is not susceptible to partial


realization or performance without the realization or performance because,
obligation in essence otherwise, the essence of the obligation
being changed. will be changed.

If separated into parts, its essence is not If separated into parts, its essence is
changed or its value is not decreased changed or its value decreased
disproportionately, because each of the disproportionately.
parts into which it is divided are
homogeneous and analogous to each
other as well as the thing itself.