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Kinds of Obligations

1. As to primary classification under the Civil Code:


a. Pure and Conditional (Arts. 1179-1192)
b. Obligations with a period (Arts. 1193-1198)
c. Alternative and Facultative (Arts. 1199-1206)
d. Joint and Solidary (Arts. 1207-1222)
e. Divisible and indivisible (Arts. 1223-1225)
f. With a penal clause (Arts. 1226-1230)

2. Classification of a secondary character under the Civil Code:


a. Legal, conventional, and penal (Arts. 1158-1162)
b. Real and personal (Arts. 1163-1168)
c. Determinate and generic (Arts. 1163-1166)
d. Positive and negative (Arts. 1167-1168)
e. Unilateral and bilateral (Arts. 1169-1191)
f. Individual and collective (Arts. 1207, 1223)
g. Accessory and principal (Arts. 1166, 1226)

3. By their juridical quality and efficaciousness


a. Natural – the obligation is based on equity and natural law
b. Civil – the obligation is in accordance with positive law
c. Mixed – the obligation is in accordance with both natural and positive law

4. By parties or subject
a. Unilateral or bilateral – unilateral, where only one party is bound; or bilateral, where both
parties are mutually and reciprocally bound
b. Individual or collective – individual, where there is only one obligor; or collective, where there
are several obligors
3. Joint or solidary – joint, when each obligor is liable only for his proportionate share of the
obligation, or solidary, when each obligor may be held liable for the entire obligation

5. By the object of the obligation or prestation


a. Specific or generic – when the object is determinate; or generic, when the object is
designated by its class or genus
b. Simple or compound – simple, when there is only one undertaking; and compound, when
there are several undertakings. Multiple obligations may be:
i. Conjunctive – when all the undertakings are demandable at the same time;
ii. Distributive – when only one undertaking out of several is demandable. Distributive
obligations may be:
1. Alternative – when the obligor is allowed to choose one out of several
obligations which may be due and demandable
2. Facultative – when the obligor is allowed to substitute another
obligation for one which is due and demandable
c. Positive or negative – positive, when the obligor is obliged to give or do something; or
negative, when the obligor must refrain from giving or doing something
d. Real or personal – real, when the obligation consist in giving something; or personal, when
the obligation consists in doing or not doing something
e. Possible or impossible – possible, when the obligation is capable of fulfilment in nature as well
as in law; or impossible, when the obligation is not capable of fulfilment either in nature or in law
f. Divisible or indivisible – divisible, when the obligation is susceptible of partial performance; or
indivisible, when the obligation is not susceptible of partial performance
g. Principal or accessory – principal, when it is the main undertaking; or accessory, when it is
merely an undertaking to guarantee the fulfilment of the principal obligation.

6. By their juridical perfection and extinguishment


a. Pure – the obligation is not subject to any condition or term and is immediately demandable
b. Conditional – the obligation is subject to a condition which may be:
i. Suspensive – in which case the happening or fulfilment of the condition results in the
birth of the obligation
ii. Resolutory – in which case the happening or fulfilment of the condition results in the
extinguishment of the obligation
c. With a term or period – the obligation is subject to a term or period which may be:
i. Suspensive or from a day certain – the obligation is demandable only upon the
expiration of the term
ii. Resolutory or to a day certain – the obligation terminates upon the expiration of the
term

A. PURE OBLIGATIONS
Art. 1179, par. 1. Every obligation whose performance does not depend upon a future or uncertain
event, or upon a past event unknown to the parties, is demandable at once
- Obligations which contain no terms or conditions whatever upon which depends the fulfilment
of the obligation contracted by the obligor; one without a condition or a term (hence, demandable at
once, provided there will be no absurdity)
*Term or Period – That which necessarily must come (like 2020) whether the parties know
when it will happen or not (like death, since this is sure). A period is a certain length of time which
determines the effectivity or the extinguishment of obligations.
Ex. I promise to pay you P1000.
When the original period or condition has been called by the mutual stipulation of
both parties
*A demand note is subject to neither a suspensive condition nor a suspensive period. The
demand is not a condition precedent, since the effectivity and binding effect of the note does not
depend upon the making of the demand. It follows therefore, that a demand note is strictly a pure
obligation, and payment therefore is immediately demandable in the absence of other restrictions.
Ex. I’l l pay you P1000 on demand.

*When is an obligation demandable at once:


An obligation is demandable at once
a. When it is pure
b. When it is subject to a resolutory condition
Art. 1179, par. 2. Every obligation which contains a resolutory condition shall
also be demandable, without prejudice to the effects of the happening of the event.
c. When it is subject to a resolutory period
Art. 1193, par. 2. Obligations with a resolutroy period take effect at once, but
terminate upon arrival of the day certain.

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