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Kinds (Real Obligation (CC 1763 (A real obligation is a duty correlative…

- - - - Particular successor not personally bound unless he assumes personal obligation of his transferor
      - Real Obl. transferred to Universal or Particular successor
- - - - Ex. (same ex as indiv)Credit right of obligee susceptible to division, if thing was delivered to one buyer he would still be bound to recognized co ownership of the other two
    - - CC 1816- Effect of divisible obligation between single obligor and obligee
        
        DIVISIBLE 1 Obligor + 1 Obligee= TREAT AS INDIVISBLE
      - CC 1817- Effect of divisible obligation among successors
        
        Must be divided among successors
        
        Successor only liable/entiled for his share
  - - - Ex. Corporal thing owned by 3 buyer= obligation is indivisible because can't be performed without destroying thing in part
      - Ex. Obligor- owe whole performance, obligee- entitled to receive whole performance
    - - CC 1818- Effects of indivisible obligations between more than one obligor or obligee
        
        INDIV more than 1 obligor/obligee = TREAT AS SOLIDARY OBLIGATION
        
        When obligors owe same indiv performance to 1 obligee they are soldiarily bound to obligee regardless of intention
      - CC 1819- Effect of indivisible obligation among successor
        
        Indiv obligee may not be divided among successors
- - - - Suspensive
        
        Cant be enforced until uncertain event occurs
      - Resolutory
        
        Immediately enforced but ends when uncertain event occurs
      - CC 1768 Expressed or Implied
        
        Expressed in stipulation
        
        Implied by law, nature of K or intent of parties
    - - CC. 1769 Unlawful or impossible condition
        
        Ex. Sell house only if homicide occurs = null = unload
        
        Suspensive condition unlawful= obligation null
      - CC. 1770 Condition that depends on whilm or will of obligor
        
        Suspensive condition that depends on whim of obligor = null
        
        Resolutory= not null
        
        Whim is occurrence that depends entirely on will, such as wishing or not wishing something. Not left to whim is something that he may or may not bring about after weighing interests
        
        Resolutory condition depends on will obligor = must be fulfilled in good faith
        
        Ex. termination at will, not null if right to terminate is exercised in good faith. Enforceability depends on whether parties availed themselves of clause before or after performance has started.
        
        Before- violation of good faith and breach of K
        
        After- valid and enforced
    - - Obligee of cond. ob. may take all lawful measures to preserve his right
    - - Fulfilled when not fulfilled because of fault of party
      - Ex. If a party bound himself to pay money if a certain vessel arrives in part at a certain date, but manages to delay the arrival on purpose, he is bound to pay the sum he promised as if the condition had been fulfilled.
    - - CC 1773 Time for fulfillment of condition that event shall occur
        
        Condition fails if event should have occured w/in fixed time and it doesn't = condition fails
        
        No time been fixed for occurrence of event= condition may be fulfilled w/in reasonable time
        
        Event won't occur= CONDITION FAILS
      - CC 1774 Time for fulfillment of condition that event SHALL NOT occur
        
        Condition is that event SHALL NOT occur w/in fixed time= considered fulfilled once time elapsed w/o event happening
        
        Condition fufilled= When certain event will not occur
    - - Fulfillment of condition has effects that are retroactive to the inception of the obligation
    - - If K is continuous or periodic performance, fulfillment of RES.CON- doesn't affect validity of acts of performance
  - - - Can be suspensive- performance may not be demanded from obligor until date arrives that measures length of period (ex. payment due in full by 4/3
      - Uncertain term- UNCERTAINTY WHEN EVENT WILL OCCUR, Term has to do with whether obligation has been breached Ex. pay when pay = term
    - - Term for performance is CERTAIN or UNCERTAIN
      - Certain =fixed (period of time and also event ex. death of person)
      - Uncertain= not fixed but determinable by intent or occurrence of future
      - Uncertain= not determinable (must be preformed w/in reasonable time)
    - - Party who has benefit can renounce
    - - Perf can't be demanded before TERM ENDS,
      - Obligor performed voluntarily before term ends may not recover performance
    - - When the obligation is such that its performance requires the solvency of the obligor, the term is regarded as nonexistent if the obligor is found to be insolvent.
    - - When the obligation is subject to a term and the obligor fails to furnish the promised security, or the security furnished becomes insufficient, the obligee may require that the obligor, at his option, either perform the obligation immediately or furnish sufficient security. The obligee may take all lawful measures to preserve his right.
    - - When the term for performance of an obligation is not marked by a specific date but is rather a period of time, the term begins to run on the day after the contract is made, or on the day after the occurrence of the event that marks the beginning of the term, and it includes the last day of the period.
    - - Performance on term must be in accordance with the intent of the parties, or with established usage when the intent cannot be ascertained.