Professional Documents
Culture Documents
Positive Condition
Positive Condition
Ex. X obliges himself to give Y P10,000.00 if Y will marry W before Y reaches the age of 23.
(b) X is not liable if Y marries W at the age of 23 or after he reaches the age of 23. In this case,
the time specified, before reaching the age of 23, has expired without the condition (marrying W) being
fulfilled. The obligation is extinguished as soon as Y becomes 23 years old
Ex. X binds himself to give Y P10,000.00 if Y is not yet married to W on December 30.
Obligation with period – is one whose consequences are subjected in one way or another to expiration
of said period or term.
Period or term – is a future and certain event upon the arrival of which the obligation subject to its
either arises or is terminated’ it is a day certain which must necessarily come, although it may not be
know when.
2. Compound obligation. — one where there are two or more prestations. It may be.
(a) Conjunctive obligation. — one where there are several prestations and all of them are
due; or
(b) Distributive obligation. — one where one of two or more of the prestations is due. It may
be alternative (Art. 1199.) or facultative.
Alternative obligation - is one wherein various prestations are due but the performance of one of them
is sufficiently determined by the choice which, as a general rule, belongs to the debtor. (8 Manresa 176;
Art. 1200.)
Ex: D borrowed from C P10,000. It was agreed that D could comply with his obligation by
giving C P10,000, or a color television set, or by painting the house of C.
The delivery of the P10,000, or a color television set, or the painting of the house of C, is
sufficient to comply with the obligation. Performance must be complete. C cannot be compelled to
accept, for instance, P5,000 and half of the television, thereby establishing a co-ownership between
them, or P5,000, and the painting of a part of his house. (Art. 1199, par. 2.)
facultative obligation- is one where only one prestation has been agreed upon but the obligor may
render another in substitution.
EXAMPLES: (1) “I will give you my piano but I may give my television set as a substitute.”
In this obligation, only the piano is due. Hence, its loss through my fault will make
me liable.
(2) “I will mortgage my land to secure my debt which shall be payable within 90 days
upon my failure to pay my debt within 30 days.”
Joint obligation – creditor cannot demand to one of the debtor to pay the whole amount of their debt t
Solidarity – creditor can demand to one of the debtor to pay the whole amount of their debt, even the
amount is just half.
- Only the debtor guilty which of obligation is liable for the damages
- Can exist although there is one debtor and one creditor
Solidarity – refers to the juridical or legal ties that binds the parties
- All of the debtors reliable for the breach of the obligation committed by one of them.
- There must be at least two debtors or two creditors
Principal obligation
Ex.