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Questions and Answers
What type of obligation is characterized by the performance of one party not being dependent on the performance of the other party?
What type of obligation is characterized by the performance of one party not being dependent on the performance of the other party?
What is the main purpose of Article 1306 of the Civil Code?
What is the main purpose of Article 1306 of the Civil Code?
According to Article 1163 of the Civil Code, what is the standard of care that a person obliged to give something must exercise?
According to Article 1163 of the Civil Code, what is the standard of care that a person obliged to give something must exercise?
Which of the following is an example of a real obligation?
Which of the following is an example of a real obligation?
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Which kind of bilateral obligation does not require the performance by one party to be dependent on the performance by the other party?
Which kind of bilateral obligation does not require the performance by one party to be dependent on the performance by the other party?
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Which type of obligation is Ping Ping's obligation to deliver a carabao?
Which type of obligation is Ping Ping's obligation to deliver a carabao?
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In what type of obligation do both parties have obligations that are conditioned on the simultaneous fulfillment of each other's obligations?
In what type of obligation do both parties have obligations that are conditioned on the simultaneous fulfillment of each other's obligations?
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Which of the following is an example of a bilateral obligation?
Which of the following is an example of a bilateral obligation?
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What type of obligation arises when only one of the parties is bound to fulfill the obligation?
What type of obligation arises when only one of the parties is bound to fulfill the obligation?
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What type of obligation involves the duty not to recover what has voluntarily been paid despite payment no longer being required?
What type of obligation involves the duty not to recover what has voluntarily been paid despite payment no longer being required?
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Which of the following is an example of a unilateral obligation?
Which of the following is an example of a unilateral obligation?
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Which type of obligation is characterized by the sanction being conscience, morality, or the law of the church?
Which type of obligation is characterized by the sanction being conscience, morality, or the law of the church?
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What type of obligation is created when the demandability or extinguishment depends on the happening of a condition?
What type of obligation is created when the demandability or extinguishment depends on the happening of a condition?
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In a suspensive condition, what happens when the condition occurs?
In a suspensive condition, what happens when the condition occurs?
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What type of condition results in the immediate extinguishment of an obligation upon its happening?
What type of condition results in the immediate extinguishment of an obligation upon its happening?
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Which of the following is NOT a factor that can make someone liable for damages under Article 1170?
Which of the following is NOT a factor that can make someone liable for damages under Article 1170?
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Under what circumstances does a violator of the terms of an obligation generally get excused by fortuitous events?
Under what circumstances does a violator of the terms of an obligation generally get excused by fortuitous events?
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Which article discusses different kinds of obligations, including those arising from conditions?
Which article discusses different kinds of obligations, including those arising from conditions?
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Study Notes
Conditional Obligation
- A conditional obligation is one whose demandability or extinguishment depends upon the happening of a condition.
- Examples:
- I promise to give you a car if you pass the board examination.
- I will let you use my car until you pass the board examination.
Types of Conditions
- Suspensive condition: the happening of which gives rise to an obligation.
- The demandability of the obligation is suspended until the happening of the condition.
- Example: I will give you my laptop if you pass the CPA Examination.
- Resolutory condition: the happening of which extinguishes the obligation.
- The obligation is demandable at once, but it shall be extinguished upon the happening of the condition.
- Example: I will let you use my car until you pass the CPA examination.
Breach of Obligations
- Those who are guilty of fraud, negligence, or delay in the performance of their obligations are liable for damages.
- Types of breaches:
- Fraud (deceit or dolo)
- Negligence (fault or culpa)
- Default (or Mora) (if imputable to debtor)
- Violation of the terms of the obligation (unless excused in proper cases by fortuitous events)
Stipulations in Contracts
- Contracting parties may establish stipulations, clauses, terms, and conditions as they deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.
Nature and Effects of Obligations
- 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, unless the law or the stipulation of the parties requires another standard of care.
- The duty to exercise proper diligence is the first effect of an obligation.
Types of Obligations
According to Prestation
- Real Obligation: to give a specific thing
- Personal Obligation: to do or not to do
- Positive (to do)
- Negative (not to do)
Real Obligation
- The obligation to give a specific thing
- Examples:
- Ping ping bound himself to deliver to you his only carabao tomorrow.
- Len-Len obliged herself to give you as a Valentine's gift her car with plate number ABC123.
Kinds of Obligations
- From the viewpoint of "subject matter":
- Real Obligation: the obligation to give
- Personal Obligation: the obligation to do or not to do
- From the viewpoint of "affirmativeness and negativeness of the obligation":
- Positive or Affirmative Obligation: the obligation to give or to do
- Negative Obligation: the obligation not to do (which naturally includes "not to give")
- From the viewpoint of "sanction":
- Civil Obligation: the sanction is judicial process
- Natural Obligation: the duty not to recover what has voluntarily been paid although payment was no longer required
- Moral Obligation: the sanction here is conscience or morality; or the law of the church
- From the viewpoint of "persons obliged":
- Unilateral Obligation: where only one of the parties is bound
- Bilateral Obligation: where both parties are bound
- Two kinds of bilateral obligation:
- Reciprocal Obligation: the performance of an obligation is conditioned on the simultaneous fulfillment of the other obligation
- Non-Reciprocal Obligation: where the performance by one is not dependent on the performance by the other
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Description
Learn about different kinds of obligations in legal cases, such as real obligations and personal obligations. Explore the concepts of positive or affirmative obligations versus negative obligations.
