Pure and Conditional With a Period Alternative Joint and Solidary Divisible and Indivisible Penal Clause

Nature and Pure - not subject to any
definition condition; specific date is
mentioned for its fulfilment
Conditional – there is a future
and uncertain event or a past
event unknown to parties that
serves as a pre-requisite
before the demandability of
the obligation
Obligation with a day “either or”
certain – one that
necessarily comes But Facultative is “this or
if not possible, this”
(Substitute)
Two or more creditors or Divisible – obligation
two or more debtors pertains to the
execution of a certain
Solidary – does not number of days work;
necessarily mean that accomplishment of work
the obligation is by metrical units; things
indivisible; Solidary only which are of their nature
when stipulated in the susceptible of partial
agreement; or law or performance
nature of obligation
requires solidarity Indivisible – obligations
to give definite things or
Joint – presumed when those not susceptible of
there is no stipulation partial performance;
that the obligation is Indivisible obligations do
solidary; not necessarily mean
that they are solidary
Note that while the
obligation may be by
nature divisible, it can be
stipulated to be
indivisible.
Substitute/Accesory to
payment of damages
and payment of interests
unless there is a
stipulation to the
contrary
Penalty may be enforced
only when demandable
Nullity
Nullity of penal clause
does not carry with it the
nullity of the principal
obligation
Nullity of the principal
obligation carries with it
the nullity of the penal
clause

When demandable Pure – at once; Impossible Demandable when Demandable once the
conditions are void and the date fixed in the debtor communicates
demandable at once contract comes his choice

Conditional – upon the

happening of the condition

Two types of Conditional

Obligation:
Suspensive – happening of
event gives rise to obligation

Resolutory - happening of
event extinguishes the
obligation
Rules Potestative – solely upon the Benefit of a period – Right of Choice: debtor; Solidary
will of the debtor; Conditional As obligation is Debtor must When one of the Debtor cannot excuse
obligation shall be void demandable only communicate his choice debtors is insolvent – himself from doing the
when the period in order to take effect; If Other debtors bear the main obligation if he
When debtor voluntarily comes, fulfillment of only one choice is share of the insolvent offers to pay the penalty,
prevents the fulfillment of the the obligation prior to practicable, obligation debtor plus their own except if there is a
obligation, the obligation the period fixed gives becomes pure respective shares stipulation reserving that
becomes due and demandable the obligor a right to right.
at once. recover anything paid Right to claim damages Assignability of
or delivered prior to If creditor presents obligations-cannot Creditor cannot demand
the period. choices that are assign without consent for the fulfillment of the
impossible for obligor to of other debtors obligation and the
Benefit of a period choose, obligor may satisfaction of the
may be lost due to: rescind the contract with To whom obligation is penalty at the same
-Insolvency unless a right to claim damages paid when there are time, except if the right
there is security given (bad faith on the part of one or more solidary is clearly granted to him.
-NO guaranties or creditor) creditors – Any one of
securities furnished them except if one If creditor decides to
-If there are creditor made a judicial require the fulfillment of
guaranties or or extrajudicial demand the obligation but the
securities furnished performance is
but through his acts, Effect when one of the impossible, the penalty
he has impaired such solidary creditors may be enforced.
guaranties unless a extinguishes the
new one is given obligation in favor of Proof of actual damages
-debtor violates any one of the solidary is not necessary in order
undertaking that is debtors – Obligation for that the penalty may be
the reason why all other debtors is demanded.
creditor agreed to a extinguished; Creditor
period in the first who extinguished Doctrine of Partial
place obligation will now be Performance: Courts
-debtor attempts to liable to his co-creditors may reduce the penalty
abscond for their respective upon showing that while
shares. the obligation was not
fully complied with,
To whom demand shall there was substantial or
be given: Any one, partial performance on
some, or all of the the part of the obligor.
debtors. The demand
made against one shall
not bar demand against
the others so long as
debt has not yet been
fully collected

Payment by one of
solidary debtors –
extinguishes the
obligation. But if there
are two or more debtors
offering to pay in full,
 creditor may choose
which one to accept.
Debtor who paid may
claim for the respective
shares of the other
debtors (plus interest if
the payment was made
when interest is due
already). Debtor who
paid cannot claim for the
shares of others when
payment was made after
the obligation has
prescribed or has
become illegal.

Effect of remission of
debt – if creditor
granted remission of
debt to only one of the
solidary debtors, the
latter cannot escape his
obligation if before the
remission, another one
of the solidary debtors
has fully paid the
obligation. If remission
has been granted by
creditor to one of the
debtors, the latter
cannot ask for
reimbursement from
other debtors.

What happens in Resolution – termination of obligation by reason of breach of the other Damages to be paid Damages to be paid if
the event of when one of the debtors obligor refuses to pay
breach? Injured party may ask for: does not comply with his the penalty or is guilty of
-Specific performance; undertaking. Debtors fraud.
-Resolution of agreement; or who are ready to fulfill
-Both performance and termination with payment of damages in either case their promises shall not
contribute beyond the
If both parties are at fault: corresponding portion of
Courts will determine the liabilities. If it cannot be determined, Court will call it quits. the price of the thing or
of the value of the
service in which the
obligation consists.
What happens Restitution – parties will return
after the to each other what they have
obligation is received
extinguished?
Rules on loss, Loss When choice is with the Loss or Impossibility of
deterioration and Without fault of debtor – obligation is extinguished debtor: obligation – without
improvement When all things are lost fault of solidary debtors,
With fault of debtor – pay damages through fault of the obligation is
debtor – creditor may extinguished.
Deterioration claim for the value of the
Without fault of debtor – impairment is borne by last thing or service that Loss or Impossibility of
creditor disappeared plus right to obligation (through
claim damages. fortuitous event, or
With fault of debtor – creditor has choice between delay or fault) – with
termination of obligation or specific performance with When choice is fault from any one of the
damages in either case expressly given to debtors, obligation not
creditor: extinguished, all are still
Improvement One of the things lost liable solidarily but other
By nature – benefit of the creditor through fortuitous debtors may file an
event – creditor to action against the
Through expenses of debtor – benefit of creditor but choose from the debtor at fault
debtor has usufructuary* rights remaining
Defenses of solidary
*usufructuary – temporary right of use/benefit from Loss of one through debtor:
income or fruits fault of debtor – -Nature of obligation
creditor to choose from -personal defenses
remaining or claim the -defenses pertaining to
value of that which was his own share
lost plus right to claim -may only bring up
damages defenses for others but
only as regards that part
All things are lost of the debt for which the
through fault of debtor latter are responsible.
– value of any of the
choices may be claimed
by creditor plus right to
claim damages