Hand-outs_Finals-coverage.doc - The Different Types of Obligations 1 Chapter 3 of Book IV Title I gives the primary classifications of obligations a b c

Hand-outs_Finals-coverage.doc - The Different Types of...

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The Different Types of Obligations 1. Chapter 3 of Book IV Title I gives the primary classifications of obligations: a. Pure obligations; b. Conditional obligations; c. Obligations with a period; d. Alternative obligations; e. Facultative obligations; f. Joint obligations; g. Solidary obligations; h. Divisible obligations; i. Indivisible obligations; j. Obligations with a penal clause. 2. The primary classifications of obligations defined: a. Pure obligation -one the effectivity or extinguishment of which does not depend upon the fulfillment or nonfulfillment of a condition or upon the expiration of a term or period. As a result, a pure obligation is characterized by the quality of immediate demandability. -See de Leon for short definition. (Article 1179) b. Conditional obligation- one the effectivity or extinguishment of which depends upon a future or uncertain event, or upon a past event unknown to the parties. Otherwise stated, its effectivity or extinguishment is subject in one way or another to the fulfillment of a condition, which may include the happening of an event. c. Obligation with a period- one the effectivity or extinguishment of which is subject to the arrival or expiration of a term or period. -Par. 1, Article 1193: An obligation with a period is one the effectivity or extinguishment for which a day certain has been fixed. d. Alternative obligation -refers to juridical relations which comprehend several objects or prestations which are due, but the fulfillment or performance of one prestation would be sufficient. (Article 1199) e. Facultative obligation- refers to those juridical relations where only one object or prestation has been agreed upon by the parties, but the obligor may deliver or render another in substitution. (Article 1206) f. Joint obligation -characterized by the concurrence of several obligees/creditors, or of several obligors/debtors, or of several obligees/creditors and several obligors/debtors. By virtue of such concurrence, each of the creditor has a right to demand, while each of the debtors is bound to render, compliance with his proportionate share of the obligation. Thus, each of the obligees/creditors is entitled to demand fulfillment of only a proportionate part of the obligation, while each of the obligors//debtors is liable for fulfillment of only a proportionate part of the obligation. g. Solidary obligation -characterized by the concurrence of several obligees/creditors, or of several obligors/debtors, or of several obligees/creditors and several obligors/debtors. However, by virtue of such concurrence, each of the obligees/creditors have a right to demand, while each of the obligors/creditors are bound to the fulfillment of the entire obligation. Thus, each of the obligees/creditors is entitled to demand fulfillment of the entire obligation while each of the obligors/debtors is bound to the fulfillment of the entire obligation.
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