Different Kinds of Obligation (Primary) (Section 5: Divisible and…
Different Kinds of Obligation (Primary)
Section 5: Divisible and Indivisible Obligation
is one of the object of which in its delivery or performance is not capable of partial fulfillment.
if the contract is indivisible and a part of it is illegal, the entire contract is considered void and not enforceable.
3.Natural Indivisibility– indivisibility by reason of the nature of the object or subject matter of the obligation
2.Conventional Indivisibility – indivisibility agreed upon by both parties
1.Legal Indivisibility – indivisibility provided by law
- is one of the object of which, in its delivery or performance, is capable of partial fulfillment.
if the contract is divisible and a part of it is illegal, the illegal part of the contract is considered void and not enforceable.
3.Ideal Division – non-material divisibility; only mental & intellectual (e.g. Corporation).
2.Quantitative Division – divisibility depends on the numbers of the things; homogeneous (e.g. 1000 hectares of land can divided into how many parts)
1.Qualitative Division – divisibility depends on the quality of the thing; not homogenous (e.g. Inheritance – real & personal property)
Section 4: Joint and Solidary Obligations
- where the whole obligation is to be paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors. This is the presumption in all collective obligation unless solidarity is expressly stated.
- where each one of the debtors is bound render, and/or each creditor has the right to demand from any of the debtors, the entire compliance with the prestation.
Consequences of Solidary Obligation
Passive Solidarity- one of the several debtors can be made liable for the payment or the performance of the entire obligation. (full payment by any of the debtor extinguishes the obligation)
Active Solidarity- one of the solidary creditors can demand the payment or performance of the entire obligation from the debtor or any of the debtors. (There is mutual representation w/ power to exercise the rights of others in the same manner as their own rights)
Solidary liability cannot be presumed
(1) When the obligation itself expressly provides for solidarity, for the burden s now assumed voluntarily by the debtor/s who are supposed to take care of their own concerns and affairs (Conventional Solidarity)
(2)When the law expressly provides for solidarity for which the law has its own legal reason for the imposition of solidarity (Legal Solidarity);
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Kinds of Solidary
according to parties bound
-solidarity on the part of the debtors and creditors
-solidarity on the part of the creditor
according to source
- solidarity is imposed by the nature of the obligation
- solidarity is imposed by the law
-solidarity agreed upon by the parties
solidarity on the part of the debtor
Kinds of Obligations according to the number of parties
1. Individual Obligation
– there is only one debtor and one creditor in a contract
. Collective Obligation
– there are two or more debtor and two or more creditors
Section 3: Alternative Obligation
Kinds of Obligation according to object:
– there is only one object
– two or more prestations, it may be
- one where 2 or more of the prestations is due
– debtor is alternatively bound with various prestations that are due but the performance of one of them is sufficient to extinguish the obligation.
– debtor is bound to perform one prestation is due to deliver one thing with a reserved right to choose another prestation or thing as substitute for the principal.
- one where there are several prestation and all of them are due
Section 2: Obligations with a Period
- is a future and uncertain event upon the arrival of which the obligation arises or terminated.
Requisites for a valid term or period
It must be future
It must be certain, that is, sure to come but may be extended by mutual agreement
It must be possible physically and legally.
Kinds of period or term
according to effect
according to source
- When it is fixed by the court
according to definiteness
- when it is not fixed and it is not known it will come
- when it is fixed or it is know when it will come
Conventional and Voluntary Period
- when it is agreed by the parties
- when it is provided by the law
- a term or period with a resolutory effect, which means the obligation will subsist up to a certain day and it terminates upon the arrival of that day.
-a term or period with a suspensive effect, which means the obligation becomes effective only from the arrival of a certain day.
Section 6: Obligation with a Penal Clause
- an accessory undertaking attached to an obligation to assume greater liability in case of breach.
Kinds of Penal Clause
as to its demandability effec
Joint or Cumulative Penal Clause
Subsidiary or Alternative Penal Clause
as to its purpose
Punitive Penal Clause
Compensatory Penal Clause
as to its origin
Conventional Penal Clause
Legal Penal Clause
- can stand by itself and does not depend for its validity and existence upon another obligation
- attached to a principal obligation and therefore cannot stand alone.
Section 1: Pure and Conditional Obligation
- with a condition imposed in its performance
Two Principal Kinds of Condition
- extinguishes the obligation
- give rise to the obligation
Characteristic of Condition
Past but uknown
Future and Uncertain
- uncertain event; every future or uncertain event upon which an obligation or provision is made to depend.
Classification of conditions
as to effect
as to form
as to possibility
cause of origin
as to mode
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- subject to resolutory condition; demandable at once