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I. Read Chapter 3: Kinds of Obligations and Complete The Table Below. Other Pertinent Facts
I. Read Chapter 3: Kinds of Obligations and Complete The Table Below. Other Pertinent Facts
OTHER
KINDS OF LEGAL BASIS/APPLICABLE CHARACTERISTICS/
DEFINITION EFFECT ON OBLIGATION EXAMPLE PERTINENT
OBLIGATIONS LAWS ELEMENTS/ REQUISITES
FACTS
Article 1179. Every obligation Pure obligation is immediately Performance does not It is demandable at once. A simple promissory
whose performance does not demandable but it is not subject depend upon a future or note to pay a certain
depend upon a future or uncertain to any condition and there is no uncertain event, or upon a amount within a
event, or upon a past event specific date for its fulfillment. past event. certain period.
unknown to the parties, is
demandable at once. (1113) The obligation shall be
PURE deemed to be one with a
Article 1180. When the debtor binds period, subject to the
himself to pay when his means provisions of article. (1997)
permit him to do so, the obligation
shall be deemed to be one with a
period, subject to the provisions of
article. (1997)
Article 1181. In conditional Conditional obligation whose Future and uncertain is an When the parties agree that the I myself promise to
obligations, the acquisition of rights, consequences are subject in event upon the happening duty to perform is postponed until give my friend Nicole
as well as the extinguishment or one way or another to fulfill a of which certain rights or a determined or determinable a condo unit if I pass
loss of those already acquired, shall condition. obligations will be either date due to the pending event, the CPA Licensure
depend upon the happening of the enlarged, created, or and that this event is certain to Exam.
CONDITIONAL
event which constitutes the destroyed. happen. However, the exact date
condition. (1114) is unknown
Past but unknown is a
condition must not be
impossible.
Article 1182. When the fulfillment of Condition which suspends rights When condition is fulfilled, It depends upon will of creditor, I will pay you my
the condition depends upon the and obligations or the validity of obligation arises. the obligation is valid. indebtedness upon
sole will of the debtor, the the entire contract until a certain your demand.
conditional obligation shall be void. future event occurs. Upon the The tie of the law does not
Suspensive
If it depends upon chance or upon occurrence of the event, the appear.
Condition
the will of a third person, the suspended part of the contract
obligation shall take effect in the or indeed the entire contract is Existence of obligation is a
conformity with the provisions of brought to life. mere hope.
this Code. (1151)
Resolutory Article 1182. When the fulfillment of Condition whereby, upon When the condition is The fulfillment of the condition I will sell you my land
Condition the condition depends upon the fulfillment terminates an already fulfilled, the obligation merely causes the to you, if I migrate to
sole will of the debtor, the enforceable obligation. It also extinguished. extinguishment or loss of rights America within three
conditional obligation shall be void. entitles the parties to be The tie law is consolidated. already acquired. months. However, my
If it depends upon chance or upon resorted to their original migration was not
the will of a third person, the positions. The condition effects flow after four months. My
obligation shall take effect in the but over it hovers the contract with you is
conformity with the provisions of possibility of termination. revoked.
this Code. (1151)
Article 1183. Impossible conditions, Condition made in a contract the When the condition Potestative conditions do not I will give my neighbor
those contrary to good customs or fulfillment of which is entirely in depends upon the will of create obligations at all, impose a P5000 if he cut
public policy and those prohibited the control of one of the parties debtor, the obligation shall no duty on the parties, and for down the tree on his
by law shall annul the obligation to the contract. be void because of its this reason are invalid as clauses land because I don’t
Potestative which depends upon them. If the validity and compliance. in a contract. They are at odds like the smell of the
Condition obligation is divisible, that part with the basic characters of a tree.
thereof which is not affected by the When the condition contract. In consequence, a
impossible or unlawful condition depends upon the will of potestative condition, even
shall be valid. the creditor, the obligation though written into a contract, is
is valid. void and without effect.
Article 1183. Impossible conditions, Condition which depends upon Partly upon the will of the If the condition depends upon I will give you my land
those contrary to good customs or a chance. A casual condition is debtor and partly upon the chance or upon the will of the if you win a case
public policy and those prohibited not within the control of either will of a third person. third person, the obligation which is pending to a
by law shall annul the obligation party to a contract. The casual subject to it is valid. supreme court.
Casual which depends upon them. If the condition is that which depends
Condition obligation is divisible, that part on chance, and in no way in the
thereof which is not affected by the power either of the creditor or of
impossible or unlawful condition the debtor.
shall be valid.
Article 1183. Impossible conditions, This condition refers to an Partly upon the will of the The obligation is valid if the I will give you a house
those contrary to good customs or unreal past condition and its debtor and partly upon the suspensive condition depends if you marry my
public policy and those prohibited probable result in the present. will of a third person. partly upon chance and partly daughter.
by law shall annul the obligation These sentences express a upon will of a third person.
Mixed which depends upon them. If the situation which is contrary to
Condition obligation is divisible, that part reality both in the past and in the
thereof which is not affected by the present.
impossible or unlawful condition
shall be valid.
Possible
Condition
Negative Article 1185. The condition that Negative condition that an event From the moment the time If no time is fixed, the I will give you
Condition some event will not happen at a will not happen at a determinate indicated has elapsed circumstances shall be P10,000 if you are not
determinate time shall render the time. without the event taking considered to arrive at the yet married to him on
obligation effective from the place; or intention of the parties. This rule Dec. 30.
moment the time indicated has may also be applied to a positive
elapsed, or if it has become evident From the moment it has condition.
that event cannot occur. become evident that the
event cannot occur,
If no time has been fixed, the although the time indicated
condition shall be deemed fulfilled has not yet elapsed.
at such time as may have probably
been contemplated, bearing in mind
nature of the obligation. (1118)
Article 1184. The condition that Refers to an event that is to take The obligation is Between the creation of I will give you
some event happen at a place in order for a condition to extinguished: conditional obligation and P10,000 if you will
determinate time shall extinguish be met. (1) As soon as the time fulfillment of positive/suspensive marry me before you
the obligation as soon as the time expires without the condition, the creditor/obligee turn at the age of 23.
expires or if it has become event taking place. cannot enforce the obligation; his
Positive indubitable that the event will not right is a mere expectancy.
Condition take place. (2) As soon as it has
become indubitable
that the event will not
take place although
the time specified
has not expired.
Article 1185.The condition that Condition that forbids or (1) the condition is If no time is fixed, the I will give you
some event will not happen at a prevents a party from doing a suspensive circumstances shall be P10,000 if you are not
determinate time shall render the specific thing. (2) The obligor actually considered to arrive at the yet married to him on
obligation effective from the prevents the fulfillment of intention of the parties. Dec. 30.
moment the time indicated has the condition
elapsed, or if it has become evident (3) He acts voluntarily
Negative that the event cannot occur.
Condition
If no time has been fixed, the
condition shall be deemed fulfilled
at such time as may have probably
been contemplated, bearing in mind
the nature of the obligation. (1118)
UNILATERAL
BILATERAL/
RECIPROCAL
WITH A TERM
OR PERIOD
Article 1200. The right of choice An obligation is alternative when Right of choice, as a rule, Kobe borrowed
belongs to the debtor, unless it has two things are equally due, given to debtor. P50,000 cash from
been expressly granted to the under an alternative. The obligor me. It was agreed
creditor. is bound to render only one of Right of choice of debtor that Kobe has the
Alternative The debtor shall have no right to two or more items of not absolute. alternative to pay
choose those prestations which are performance. Where a person either in P50,000
impossible, unlawful or which could engages to do, or to give cash or an Iphone
not have been the object of the several things the payment of 6Splus.
obligation. one will acquit him of all.
Article 1200. The right of choice Facultative obligation refers to a If the obligor can
belongs to the debtor, unless it has type of obligation where one either give a house
been expressly granted to the thing is due, but another is paid and a car or paint two
creditor. in its place. In such types of murals for the
Facultative The debtor shall have no right to obligations there is no satisfaction of his
choose those prestations which are alternative provided. The debtor obligation, he cannot
impossible, unlawful or which could is given the right to substitute give the car and one
not have been the object of the the thing due with another that is mural.
obligation. not due.
Article 1226. In obligations with a Penal clause is an accessory Penalty substitutes for Effects of the obligation are
penal clause, the penalty shall undertaking attached to an damages and interests payment and penalty of the
substitute the indemnity for obligation to assume greater damages including the interest if
damages and the payment of liability in case of breach, the Penalty may be enforced there is any...
interest in case of noncompliance, if obligation is not fulfilled, or is
there is no stipulation to the partly or irregularly complied Penalty not substitute for
contrary. Nevertheless, damages with. performance
WITH A PENAL shall be paid if the obligor refuses
CLAUSE to pay the penalty or is guilty of Penal clause presume
fraud in the fulfilment of the subsidiary whether when
obligation. there is performance or no
performance
The penalty may be enforced only
when it is demandable in
accordance with the provisions of
this Code.
II. Read Art. 1189 and 1194, and create an outline or draw a diagram showing the Loss, Deterioration, Improvement (LDI) Rules. Place your outline or diagram below.