Definitions

Obligation with a period - is a kind of obligation wherein its performance is subject to a

term or period, and can only be demandable when that period expires. Such period is 'a
day certain' which must necessarily come, although it may not be known when.
Period – is a future and certain event upon the arrival of which the obligation (or right)
subject to it either arises or is terminated.
Indefinite period – when it is not fixed or it is not known when it will come. Where the
period is not fixed but a period is intended, the courts are usually empowered by law to
fix the same.

Discussions

1. Has the debtor the right to recover what he has paid to the creditor before
the arrival of the period agreed upon? Explain.
A thing or money given before the arrival of the period may be recovered by the
debtor:
if he is unaware of such period.
if he mistakenly thought that such period has arrived.
The debtor shall have the burden of proof of either such circumstances, otherwise
he is presumed to be knowledgeable of the period.
2. If an obligation does not state a period for its performance has a party the
right to ask a court to fix a period or the duration thereof? Explain.
The court may fix a period:
When there is no fixed period, but it can be inferred that a period was intended by
the parties from its nature and the circumstances.
When the duration of the period depends upon sole will of the debtor.
3. Give the cases when the obligor can demand the performance of an
obligation even before the arrival of the period agreed upon.

(1) If the obligation is a pre-existing one and does not depend for its existence upon
the fulfillment of the obligation. If the debtor already has an obligation, only the
condition will be void because the obligation’s existence does not depend upon the
condition’s fulfillment.
(2) If the condition is resolutory, and depends upon the debtor, it is valid. It is the
same as a suspensive condition that depends upon the creditor’s will
Definitions
Alternative Obligation – debtor is alternatively bound with various prestations
that are due but the performance of one of them is sufficient to extinguish the
obligation.
Facultative obligation - refers to a type of obligation where one thing is due, but
another is paid in its place. In such type of obligations there is no alternative
provided. The debtor is given the right to substitute the thing due with another that
is not due.
Conjunctive means joined together or combined. In grammar it refers to words
like “and, since” etc which connect one word to another word or one proposition to
another proposition.

Discussions

1. The debtor cannot choose those prestations which are impossible, unlawful, or
which could not have been the object of the obligation. As an example, you
cannot kill someone in return for money, or deliver a horse with 10
legs from Mars in return for something as well.

2. If through the creditor’s acts, the debtor cannot make a choice

according to the terms of the obligation, the latter
m a y r e s c i n d t h e c o n t r a c t w i t h damages.

3. If some of the objects of the obligation have been lost or

have become impossible even through the fault of the debtor, the latter is not
liable since he has the right of choice and the obligation can still be performed.