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Questions and Answers
What defines a pure obligation?
What defines a pure obligation?
Which condition best describes a conditional obligation?
Which condition best describes a conditional obligation?
What is the role of a suspensive condition in a conditional obligation?
What is the role of a suspensive condition in a conditional obligation?
Which of the following is an example of a resolutory condition?
Which of the following is an example of a resolutory condition?
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What distinguishes an obligation with a period from a pure obligation?
What distinguishes an obligation with a period from a pure obligation?
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Which example illustrates a conditional obligation?
Which example illustrates a conditional obligation?
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What is a key characteristic of obligations with a penal clause?
What is a key characteristic of obligations with a penal clause?
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In which situation would an obligation not be demandable?
In which situation would an obligation not be demandable?
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What determines the obligation of a debtor to pay according to their means?
What determines the obligation of a debtor to pay according to their means?
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What is the role of the court in obligations that do not fix a period?
What is the role of the court in obligations that do not fix a period?
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In a joint obligation, how is each debtor's liability characterized?
In a joint obligation, how is each debtor's liability characterized?
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In a suspensive condition, what happens upon the fulfillment of the condition?
In a suspensive condition, what happens upon the fulfillment of the condition?
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What happens in a resolutory condition when the condition is met?
What happens in a resolutory condition when the condition is met?
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What rights do creditors have in solidary obligations?
What rights do creditors have in solidary obligations?
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What is meant by a 'day certain' in obligations?
What is meant by a 'day certain' in obligations?
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What is the maxim associated with joint obligations?
What is the maxim associated with joint obligations?
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Which of the following best describes obligations with a resolutory period?
Which of the following best describes obligations with a resolutory period?
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How do solidary obligations differ from joint obligations regarding creditor demands?
How do solidary obligations differ from joint obligations regarding creditor demands?
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In a case of joint debtors, if A and B owe C a total of P1,000,000, what is the maximum amount C can demand from each debtor?
In a case of joint debtors, if A and B owe C a total of P1,000,000, what is the maximum amount C can demand from each debtor?
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If a debtor promises to pay 'when I can', how is this obligation categorized?
If a debtor promises to pay 'when I can', how is this obligation categorized?
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What happens in a solidary obligation when one debtor pays the entire amount?
What happens in a solidary obligation when one debtor pays the entire amount?
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In conditional obligations, what determines the acquisition or loss of rights?
In conditional obligations, what determines the acquisition or loss of rights?
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What is a key characteristic of indivisible obligations?
What is a key characteristic of indivisible obligations?
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In solidary obligations, if A pays C P1,000,000 and there are also other creditors, what must A do?
In solidary obligations, if A pays C P1,000,000 and there are also other creditors, what must A do?
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What is an example of a divisible obligation?
What is an example of a divisible obligation?
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Which type of indivisibility is based on the nature of the object of the undertaking?
Which type of indivisibility is based on the nature of the object of the undertaking?
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What is the main purpose of a penal clause in an obligation?
What is the main purpose of a penal clause in an obligation?
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A legal penal clause is defined as one that is:
A legal penal clause is defined as one that is:
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What type of division occurs when two brothers equally share 10 chairs?
What type of division occurs when two brothers equally share 10 chairs?
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Which of the following is NOT classified as a kind of indivisibility?
Which of the following is NOT classified as a kind of indivisibility?
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What happens in case the obligor refuses to pay the penalty of an obligation with a penal clause?
What happens in case the obligor refuses to pay the penalty of an obligation with a penal clause?
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Which of the following describes qualitative division?
Which of the following describes qualitative division?
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What is the primary purpose of a penal clause?
What is the primary purpose of a penal clause?
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How does a penal clause function when the principal obligation is not performed?
How does a penal clause function when the principal obligation is not performed?
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In the example provided, what penalty does A incur for a 5-day delay in constructing the house?
In the example provided, what penalty does A incur for a 5-day delay in constructing the house?
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Which of the following is true about a penal clause?
Which of the following is true about a penal clause?
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What might happen to an unconscionable penalty clause concerning interest rates?
What might happen to an unconscionable penalty clause concerning interest rates?
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What term describes a clause that requires the buyer to pay if they fail to build within a specified timeframe?
What term describes a clause that requires the buyer to pay if they fail to build within a specified timeframe?
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Can any penalty stipulated in a penal clause be demandable?
Can any penalty stipulated in a penal clause be demandable?
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What does a penal clause substitute when there is non-compliance?
What does a penal clause substitute when there is non-compliance?
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What characterizes an obligation with a period?
What characterizes an obligation with a period?
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What distinguishes a suspensive period from a resolutory period?
What distinguishes a suspensive period from a resolutory period?
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Which of the following is an example of a legal period?
Which of the following is an example of a legal period?
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How does a condition differ from a period in terms of the nature of the event?
How does a condition differ from a period in terms of the nature of the event?
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What type of obligation does Article 1199 describe?
What type of obligation does Article 1199 describe?
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In which scenario does an indefinite period apply?
In which scenario does an indefinite period apply?
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Which example represents a resolutory period?
Which example represents a resolutory period?
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What must both a period and a condition be to be legally valid?
What must both a period and a condition be to be legally valid?
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Study Notes
Different Kinds of Obligation
- Obligations are classified into various types.
- These classifications are important for understanding the nature and enforcement of contracts.
- Article 1179-1192 covers pure and conditional obligations.
- Section 2 details obligations with a period.
- Section 3 outlines alternative obligations.
- Section 4 deals with joint and solidary obligations.
- Section 5 covers divisible and indivisible obligations.
- Section 6 discusses obligations with a penal clause.
Pure & Conditional Obligations
- A pure obligation has no conditions or terms.
- A conditional obligation is subject to a condition.
- Pure Obligation: An obligation without condition or a term.
- Conditional Obligation: An obligation where its existence or extinguishment depends on a future/uncertain event. The event can be either a suspensive (future and uncertain event that triggers the obligation) or resolutory (future and uncertain event that extinguishes the obligation) condition.
Article 1179
- Article 1179 states that demandable obligations are those that don't rely on future/uncertain events or unknown past events, and thus are immediately enforceable.
- Resolutory conditions are also demandable immediately, regardless of subsequent events, but the effects of an event that fulfills the condition will still be considered.
Demandable Obligations
- Obligations in Article 1179 are immediately demandable.
- Two types of demandable obligations include obligations pure obligations and obligations with a resolutory condition.
Pure Obligation
- A pure obligation is immediately demandable.
- It's not dependent on future/uncertain events or unknown past events.
- It has no condition or period.
- Examples given include a promise to provide a car, pay money, or provide items.
Conditional Obligation
- A conditional obligation is based on an uncertain future event.
- The fulfillment or non-fulfillment of the condition affects the obligation's existence or extinguishment.
- Includes suspensive (condition precedent) and resolutory (condition subsequent) conditions.
- Examples include promises like giving a car upon passing an exam, providing allowance until graduation, or selling land upon a court case success.
Unknown Past Event
- An obligation may be demandable if a past event is unknown to parties.
- Example involves land ownership dispute, where the final decision was reached, but notice of victory is unfulfilled, and the obligation to sell emerges.
Obligations with a Period
- If a debtor promises to pay when their means permit, that's an obligation with a period.
- The period's duration is determined by the debtor.
- The court may still fix the period if it's implied from the nature of the obligation.
- Examples include paying "little by little," "as soon as possible," "from time to time," "at any time I have the money," or in "partial payments."
Article 1180
- The article determines that a debtor's obligation to pay when able is considered an obligation with a specified period.
Duration of Period Depends on the Debtor
- A period is a specific future and certain event.
- It triggers or extinguishes the obligation
Article 1181
- The acquisition and loss of rights depends on the event fulfilling the condition.
Effect of Happening of Condition
- Suspensive conditions trigger the obligation's effect.
- Takeshi gave property based on him dying within two years. Sweepstakes ticket surrender for prize.
- Resolutory conditions terminate the obligation.
- Jerry supporting James until graduation, then the support ends.
Article 1193
- Obligations with a fixed day are demandable after such a day.
- Obligations with a resolutory period, start immediately.
Obligation With a Period
- The obligation's effects are dependent on the period (expiration).
- The period is a future event.
Period vs. Condition
- A period is a certain future event, while a condition is uncertain.
- A period only concerns the future. A condition may relate to the past.
- A period fixes the time for the performance of an obligation. A condition specifies the existence or extinguishment of the obligation.
Kinds of Period
- Suspensive Period (Ex Die): The obligation begins upon the event.
- Resolutory Period (In Diem): The obligation ends upon the event.
- Examples of suspensive periods include promising to pay at the end of the month, or to support a child after the father dies, or paying when the means allow.
- Examples of resolutory periods include pledging a monthly payment until the end of 2025.
Alternative Obligation
- A person bound by alternative prestations must fully perform one of them.
- Creditors cannot be compelled to accept part from different undertakings.
- The choice usually belongs to the debtor.
- Example given includes a choice between paying money, or providing a T.V. Or painting a home
- The creditor cannot be compelled to accept partial fulfillment from different prestations.
Joint and Solidary Obligation
- The concurrence of multiple debtors or creditors doesn't automatically imply joint liability.
- The nature of the obligation, or explicitly stated terms, determine solidary liability.
Joint Distinguished from Solidary Obligations
- In joint obligations, each debtor is only responsible for their portion of the debt, similar for the creditors' portions.
- In solidary obligations, any debtor can be fully liable, and any creditor can fully collect from a debtor.
Divisible and Indivisible Obligations
- Divisible obligations can be performed in installments or parts (e.g., delivering 100 kilos of sugar compared to a whole car).
- Indivisible obligations must be performed wholly (e.g., taking a trip). Article 1223 relates to divisibility or indivisibility of the thing.
- The nature of the object doesn't change the rules for either.
'Indivisibility' Distinguished from 'Solidarity'
- Indivisibility relates to the nature of the prestation.
- Solidarity relates to the connection between parties.
- Fault of one is not fault of another for indivisibility; but for solidarity, fault of one is fault of others.
Classes of Indivisibility
- Conventional Indivisibility: Established by agreement.
- Natural Indivisibility: Stems from the nature of the object, like specific goods or services.
- Legal Indivisibility: Set by law.
Kinds of Division
- Quantitative Division: Division based on quantity (e.g., 10 chairs).
- Qualitative Division: Division based on qualities of items to be split (e.g., land and money).
- Intellectual/Moral Division: Division arising only from mental ideas/concepts.
Obligations With a Penal Clause
- Penalties replace damages or interest in non-compliance, unless explicitly indicated otherwise.
- Damages are still payable if the obligor fails to pay or acts in bad faith to fulfill the obligations fully.
- The penalty clause is only enforceable when it becomes due.
'Penal Clause' Defined
- A penal clause (coercing an obligor into compliance; an attached liability in case of breach with intent to insure the performance of the obligation).
Kinds of Penal Clauses
- Legal: Established by law.
- Conventional: Established via agreement.
- Subsidiary: Penalty is the alternate form of satisfaction; only penal clause can be enforced.
- Joint: Both the principal contract & penalty clause are enforceable.
Penal Clause Distinguished from Condition
- Penalty is an obligation; a condition is not.
- Penalty becomes enforceable with default on performing a principal obligation; a condition is not always immediately demandable.
Principal Purpose of the Penal Clause
- The penal clause insures performance of the obligation.
- It substitutes for damages and interests.
Examples of Penal Clauses
- Example given for the construction of a house illustrating the penalty for not completing within the timeframe.
- Ex B), a stipulation for compounding interest in the case of non-performance, is similar to a penalty clause.
- Ex C), a stipulation for payment for failure to construct property part within time, is a penalty clause.
May Any Penalty Be Demandable?
- Not every penalty is immediately enforceable. The demandability must adhere to proper Civil Code provisions.
- A penalty may be reduced if it is iniquitous or unconscionable.
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Description
This quiz explores the different types of obligations as outlined in Articles 1179-1192, including pure and conditional obligations. It also looks at various classifications such as obligations with a period, alternative obligations, and more. Test your knowledge on how these concepts affect contract enforcement.