Art. 1179-1230 New Civil Code of the Philippines PURE OBLIGATION
• Pure Obligation is one free from any condition and
there is no period of fulfillment, thus it is immediately demandable. • Conditional obligation is one where its fulfillment is upon the condition stipulated. Condition is a future and uncertain event which can draw the effectivity or extinguishment of an obligation. CONDITIONAL OBLIGATION
• Conditional obligation is one where its fulfillment is upon
the condition stipulated. • Condition is a future and uncertain event which can draw the effectivity or extinguishment of an obligation. • A suspensive condition is a condition which suspends rights and obligations (or the validity of the entire contract) until a certain future event occurs. Upon the occurrence of the event, the suspended part of the contract (or indeed the entire contract) is brought to life. • Resolutory condition refers to a condition whereby, upon fulfillment terminates an already enforceable obligation. OBLIGATION WITH A PERIOD
• An 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. • Suspensive Period vs. Resolutory Period ALTERNATIVE OBLIGATION
• An obligation is alternative when two things are
equally due, under an alternative. The obligor is bound to render only one of two or more items of performance. Where a person engages to do, or to give several things the payment of one will acquit him of all. FACULTATIVE 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. JOINT OBLIGATION
• Joint Obligation– where the whole obligation is to be
paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors. SOLIDARY OBLIGATION
• A solidary or ”joint and several” obligation is one in
which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation. DIVISIBLE OBLIGATION VS. INDIVISIBLE OBLIGATION
• An obligation is divisible when the object of the
performance is susceptible of division. • An obligation is indivisible when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division. OBLIGATION WITH A PENAL CLAUSE
• A penal clause is another obligation attached to the
principal one, requiring the payment or performance of something, or simply, requiring a greater responsibility, in case of noncompliance in order to assure performance or to deter nonperformance. • It is attached to obligations in order to insure their performance.