1. There are different kinds of obligations including pure, conditional, obligations with a period, alternative, facultative, divisible, and indivisible.
2. Joint and solidary obligations determine whether debtors are jointly or individually liable and whether the full amount can be collected from any one debtor.
3. An obligation with a penal clause substitutes a predetermined penalty amount in lieu of damages in case of breach, unless stipulated otherwise or in cases of fraud or failure to pay the penalty.
1. There are different kinds of obligations including pure, conditional, obligations with a period, alternative, facultative, divisible, and indivisible.
2. Joint and solidary obligations determine whether debtors are jointly or individually liable and whether the full amount can be collected from any one debtor.
3. An obligation with a penal clause substitutes a predetermined penalty amount in lieu of damages in case of breach, unless stipulated otherwise or in cases of fraud or failure to pay the penalty.
1. There are different kinds of obligations including pure, conditional, obligations with a period, alternative, facultative, divisible, and indivisible.
2. Joint and solidary obligations determine whether debtors are jointly or individually liable and whether the full amount can be collected from any one debtor.
3. An obligation with a penal clause substitutes a predetermined penalty amount in lieu of damages in case of breach, unless stipulated otherwise or in cases of fraud or failure to pay the penalty.
KINDS OF OBLIGATION: - one prestation, there is a substitude
EX: 1. PURE OBLIGATION I am bound to give you a laptop, then - without any condition substitue is phone EX: (but incase I can’t give you a laptop I can give you a nak tagaan tikag kwarta phone)- mao ni ila nasabutan
2. CONDITIONAL OBLIGATION: 5. DIVISIBLE VS. INDIVISIBLE:
- has condition - referred to the object/ prestation EX: nak tagaan tikag kwarta ig maka graduate kas DIVISIBLE: the object can be divided college EX: A & B are bound to pay 20k ( money can be 2 TYPES: divided) SUSPENSIVE: - happening of condition, give; rise of the obligation EX: INDIVISIBLE: cannot be divided tagaan tikag kwarta pag manlimpyo kas balay EX: A & B are bound to deliver car to C - monetary RESOLUTORY: obligation - happening of condition; extingueshes the ( Car= cannot be divided ) obligation EX: 6. JOINT OR SOLIDARY: nak tagaan tikag baon pero ig graduate nimos - several parties/debtors college dili na JOINT: kanya x EX: * CONDITION: future and uncertain events A & B borrowed 10k from C ( a mobayad kang C ug 5k) 3. OBLIGATION WITH A PERIOD (FUTURE & CERTAIN): SOLIDARY: all for one, one for all EX: * Tagaan ug 1k igka birthday ( PERIOD) JOINT – PROPORTIONATE SHARE (SILENT) * Tagaan ug 1k ig naay moagi nga truck SOLIDARY – ALL (EXPRESS STIPULATION) ( CONDITION) JD 900,000 SC * Tagaan ug 1k ig mamatay ang silingan ( CERTAIN AND PERIOD) A D * tagaan ug 1k ig mamatay ang silingan cause kay B E malaria ( CONDITION) C F
4. ALTERNATIVE VS. FACULTATIVE:
ALTERNATIVE: SD, SC - several prestation or object - debtor has obligation to choose kung unsay e HOW MUCH D CAN COLLECT FROM A? – 900,000 deliver D – 900,000 EX: A – 900,000 I am oblige to deliver a calculator or a laptop or a phone ( you don’t have to deliver all it can be one ) JD, SC HOW MUCH D CAN COLLECT FROM A? – 300,000
D – 900,000 A – 300,000
SD, JC
HOW MUCH D CAN COLLECT FROM A? – 300,000
D – 300,000 A – 300,000
JD, JC
HOW MUCH D CAN COLLECT FROM A? – 100,000
D – 300,000. (A, B AND C)
E – 300,000 (A,B, C) F- 300,00 (A B C)
OBLIGATION WITH PENAL CLAUSE – IN
LIEU(substitute) OF DAMAGES
PENALTY
GENERAL RULE: FRAUD, NEGLIGENCE, DELAY,
(BREACH) – DAMAGES
A IS OBLIGED TO CONSTRUCT A HOUSE OF B. IN
CASE THAT A FAILS TO PERFORM HIS OBLIGATION, HE WILL BE LIABLE TO PAY FOR PENALTY OF P200,000.
EXCEPTIONS: (PENALTY + DAMAGES)
1.STIPULATION 2.FRAUD 3.FAILURE TO PAY THE PENALTY