Podcast
Questions and Answers
What is a divisible obligation?
What is a divisible obligation?
- One where performance depends on a future event
- One that can only be performed entirely
- One that is capable of partial performance (correct)
- One that can never be fulfilled
What characterizes a casual condition in obligations?
What characterizes a casual condition in obligations?
- Depends on both parties' agreement
- Depends on past unknown events
- Depends solely on the debtor's will
- Depends on the will of a third person (correct)
Under Art. 1883, if an obligation is divisible and part of it is affected by an impossible condition, what is the status of that part?
Under Art. 1883, if an obligation is divisible and part of it is affected by an impossible condition, what is the status of that part?
- Enforceable with penalties
- Revocable
- Voidable
- Valid (correct)
What happens when a debtor offers a potestative condition that is resolutory in nature?
What happens when a debtor offers a potestative condition that is resolutory in nature?
What is the duty of a person obliged to give something according to Article 1163 of the Civil Code?
What is the duty of a person obliged to give something according to Article 1163 of the Civil Code?
In a real obligation involving a specific thing, what type of diligence is required?
In a real obligation involving a specific thing, what type of diligence is required?
Which type of obligation involves an obligation not to do something?
Which type of obligation involves an obligation not to do something?
What is the primary effect of an obligation in terms of delivering a determinate thing?
What is the primary effect of an obligation in terms of delivering a determinate thing?
When must the standard of care provided by law or contract be followed in fulfilling an obligation?
When must the standard of care provided by law or contract be followed in fulfilling an obligation?
What distinguishes a real obligation involving a specific thing from one involving a generic thing?
What distinguishes a real obligation involving a specific thing from one involving a generic thing?
What is a conditional obligation?
What is a conditional obligation?
Which of the following is an example of a suspensive condition?
Which of the following is an example of a suspensive condition?
What is a resolutory condition?
What is a resolutory condition?
Which of the following is an example of a resolutory condition?
Which of the following is an example of a resolutory condition?
According to Article 1170, which of the following constitutes a breach of an obligation?
According to Article 1170, which of the following constitutes a breach of an obligation?
What is NOT a requirement for a breach of an obligation under Article 1170?
What is NOT a requirement for a breach of an obligation under Article 1170?
Study Notes
Obligations
- An obligation is demandable if its performance does not depend on a future or uncertain event, or a past event unknown to the parties.
Potestative Condition
- A condition that depends on the will of the contracting parties.
- Types:
- Potestative on the part of the debtor:
- Suspensive: the obligation is void, even if fulfilled, it's not demandable.
- Resolutory: the obligation is valid, but extinguished upon the happening of the condition.
- Potestative on the part of the creditor: the obligation is valid, whether the condition is suspensive or resolutory.
Divisible Obligation
- One that is capable of partial performance.
- If the obligation is divisible, the part not affected by the impossible or unlawful condition shall be valid.
Casual Condition
- A condition that depends on chance or the will of a third person.
- If both conditions are fulfilled, only the legal condition can be demanded.
Nature and Effects of Obligations
- Article 1163 of the Civil Code: every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family.
Types of Obligations
- According to its prestation:
- Real Obligation: to give a specific or generic thing.
- Personal Obligation:
- Positive: to do something.
- Negative: not to do something.
Duty to Exercise Diligence
- The first effect of an obligation: to deliver a determinate thing.
- Diligence needed:
- That required by the nature of the obligation and the circumstances.
- Or a different standard of care as provided by law or contract.
Conditional Obligation
- One whose demandability or extinguishment depends on the happening of a condition.
Classes of Conditions
- Suspensive condition: the happening of which gives rise to an obligation.
- Resolutory condition: the happening of which extinguishes the obligation.
Breaches in Obligations
- Types of breaches:
- Fraud (deceit or dolo).
- Negligence (fault or culpa).
- Default (or Mora).
- Violation of the terms of the obligation.
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Description
Learn about conditional obligations in contract law, where demandability depends on certain conditions. Explore examples like promising a car upon passing an examination. Understand suspensive conditions which give rise to obligations.
