Understanding Types of Obligations in Legal Cases

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