Obligation Law Notes - PDF

LAW 003 OBLIGATION ATTY. AARON ANTHONY LABORDO OBLIGATION O B L I C O N IANAH ISABEL B. MAICAH G. CA 21- NAF/ GF  OBLIGATION CONTENTS 01 ABSENCE/PR...

LAW 003 OBLIGATION ATTY. AARON ANTHONY LABORDO OBLIGATION O B L I C O N IANAH ISABEL B. MAICAH G. CA 21- NAF/ GF  OBLIGATION CONTENTS 01 ABSENCE/PRESENCE OF CONDITION OR TERM 02 NUMBER OF PRESTATIONS 03 NUMBER OF SUBJECTS 04 SUSCEPTIBILITY TO PARTIAL PERFORMANCE  OBLIGATION OBLIGATION BASED ON ABSENCE/ PRESENCE OF CONDITION TERM  OBLIGATION BASED ON ABSENCE/ OBLIGATION PRESENCE OF CONDITION TERM PURE OBLIGATION Is an obligation that is not subject to any condition and does not have a specific date for its fulfillment, is demandable at once  OBLIGATION BASED ON ABSENCE/ OBLIGATION PRESENCE OF CONDITION TERM CONDITIONAL OBLIGATION Type of obligation that depends on the occurence of a specific event or condition before it becomes enforceable.  OBLIGATION BASED ON ABSENCE/ OBLIGATION PRESENCE OF CONDITION TERM TYPES OF CONDITIONAL SUSPENSIVE VS RESOLUTORY POTESTATIVE, CASUAL, MIXED OBLIGATION CONDITION POSSIBLE VS IMPOSSIBLE POSITIVE VS NEGATIVE  OBLIGATION OBLIGATION BASED ON ABSENCE/ Suspensive PRESENCE OF CONDITION TERM Condition Is an event of happening of which extinguish the obligation e.g. I promise to support my sister Php 3,000.00 per month until such time that she has already got a job, the obligation to give a monthly pension starts immediately but the moment my sister got a job the obligation stops.  OBLIGATION OBLIGATION BASED ON ABSENCE/ Resolutory PRESENCE OF CONDITION TERM Condition This is when the obligation only arisess if a certain condition is fulfilled. e.g. Scholarship Agreement: A student receives a scholarship under the condition that if their GPA falls below 3.0, the scholarship will be revoked. The scholarship is granted immediately, but if the GPA drops below 3.0, the obligation to provide the scholarship ends.  OBLIGATION OBLIGATION BASED ON ABSENCE/ Potestative PRESENCE OF CONDITION TERM Condition is a type of condition in a contract where the fulfillment of the obligation depends solely on the will of one party.  OBLIGATION OBLIGATION BASED ON ABSENCE/ Casual PRESENCE OF CONDITION TERM Condition A casual condition is one that depends on chance or the will of a third party, not directly under the control of either party to the obligation.  OBLIGATION OBLIGATION BASED ON ABSENCE/ Mixed PRESENCE OF CONDITION TERM Condition is a type of condition in which the existence or extent of an obligation or liability depends on an uncertain event.  Possible and Impossible Condition Impossible and possible condition refers to whether or not a condition can be fulfilled either physically or legally. OBLIGATION  OBLIGATION Positive Condition The condition that some event happen ate a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place.  OBLIGATION Negative Condition The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur.  OBLIGATION BASED ON ABSENCE/ OBLIGATION PRESENCE OF CONDITION TERM OBLIGATION WITH TERM Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes.  OBLIGATION BASED ON ABSENCE/ OBLIGATION PRESENCE OF CONDITION TERM Suspensive Term ( Ex die) obligations only begin from a day certain. Resolutory Term ( In diem) demandable at once but extinguishes the right or obligation upon the arrival or lapse of the period  OBLIGATION BASED ON NUMBERS OBLIGATION OF PRESTATIONS OBLIGATION BASED ON SIMPLE OBLIGATION NUMBERS OF CONJUCTIVE OBLIGATION PRESTATIONS ALTERNATIVE OBLIGATION FACULTATIVE OBLIGATION  OBLIGATION BASED ON NUMBERS OBLIGATION OF PRESTATIONS Simple Obligation Obligations where there is only one prestation. Conjunctive Obligation Obligations where 2 or more prestations are imposed. The debtor is obliged to fulfill all of the prestations to extinguish the obligation.  OBLIGATION BASED ON NUMBERS OBLIGATION OF PRESTATIONS Alternative Obligation 2 or more prestations have been identified but the fulfillment of 1 is sufficient to extinguish the obligation. Facultative Obligation Only one prestation is agreed but there is an agreement that the agreement can substitute or replace the said original prestation.  OBLIGATION BASED ON NUMBERS OBLIGATION OF SUBJECTS OBLIGATION BASED ON SIMPLE OBLIGATION NUMBERS OF JOINT OR SOLIDARY SUBJECTS OBLIGATION KINDS OF SOLIDARY  OBLIGATION BASED ON NUMBERS OBLIGATION OF SUBJECTS SIMPLE OBLIGATION A simple obligation is a duty that someone has to do or not do something. It can be a legal or moral duty, and it can come from a contract, promise, or just being a good person.  OBLIGATION BASED ON NUMBERS OBLIGATION OF SUBJECTS JOINT OR SOLIDARY OBLIGATION Joint Obligation the whole obligation is to be fulfilled or demanded proportionately by the debtor and creditor respectively. Solidarity obilgation where each one of the debtors is bound to render, and or each one of the creditors has the right to demand the entire compliance with the prestation.  OBLIGATION BASED ON NUMBERS OF SUBJECTS PRESUMPTION IN FAVOR OF JOINT OBLIGATION ART. 1208 If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.  OBLIGATION BASED ON NUMBERS OF SUBJECTS WHEN OBLIGATION BECOMES SOLIDARY OBLIGATION A solidary obligation is like a shared debt where everyone is fully responsible for the whole amount. It's not like a regular shared debt where you only owe your part. For an obligation to be solidary, one of these things needs to happen: 1. It's written in the agreement: The contract or agreement clearly states that everyone is responsible for the whole debt. 2. The law says so: The law might require solidarity in certain situations, like when multiple people commit a crime together. 3. The nature of the obligation requires it: If you can't divide the task or thing owed, like buying a car together, then you're all responsible for the whole cost.  OBLIGATION BASED ON NUMBERS OF SUBJECTS SOLIDARITY BY STIPULATION/ AGREEMENT Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Solidarity by stipulation, or agreement, means that a group of people agree to be jointly and severally liable for a debt or obligation, even if their individual terms and conditions are different. This means that: Each person is fully responsible for the entire debt. A creditor can choose to collect the full amount from any one of them. The person who pays the full amount can then seek reimbursement from the others for their share. This ensures that the burden is shared fairly.  OBLIGATION BASED ON NUMBERS OF SUBJECTS SOLIDARITY BY PROVISION OF LAW Solidarity by provision of law, also known as legal solidarity, occurs when the law itself mandates that certain individuals or entities are jointly and severally liable for an obligation, regardless of their individual agreements. 1. 1 The law dictates solidarity: The legal framework, not a specific contract, establishes the shared responsibility. 2. 2 No express agreement needed: Individuals might not have explicitly agreed to be solidarily liable, but the law imposes it due to the nature of the situation.  OBLIGATION BASED ON NUMBERS OBLIGATION OF SUBJECTS 3 KINDS OF SOLIDARITY 1. ACTIVE SOLIDARITY 2. PASSIVE SOLIDARITY 3. MIXED SOLIDARITY a. SOLIDARITY AMONG CREDITORS b. SOLIDARITY AMONG DEBTORS  OBLIGATION BASED ON NUMBERS OF SUBJECTS ACTIVE SOLIDARITY This type of solidarity occurs when multiple creditors hold a shared claim against a single debtor. Each creditor is entitled to demand the full amount owed, but they can also act collectively to pursue the debt. This means that if one creditor collects the entire debt, the others are no longer entitled to claim anything further.  OBLIGATION BASED ON NUMBERS OF SUBJECTS PASSIVE SOLIDARITY This type of solidarity occurs when multiple debtors are jointly liable for a single debt. Each debtor is individually responsible for the entire debt, meaning the creditor can choose to collect the full amount from any one of them. This means that if one debtor pays the entire debt, the others are no longer liable.  OBLIGATION BASED ON NUMBERS OF SUBJECTS MIXED SOLIDARITY : This type of solidarity combines both active and passive solidarity. It involves multiple creditors and multiple debtors jointly involved in an obligation.  OBLIGATION BASED ON NUMBERS OF SUBJECTS a. SOLIDARITY AMONG CREDITORS This type of solidarity occurs when multiple creditors have a shared claim against a single debtor. Each creditor is entitled to demand the full amount owed, but they can also act collectively to pursue the debt. If one creditor collects the entire debt, the others are no longer entitled to claim anything further.  OBLIGATION BASED ON NUMBERS OF SUBJECTS b. SOLIDARITY AMONG DEBTORS This type of solidarity occurs when multiple debtors are jointly liable for a single debt. Each debtor is individually responsible for the entire debt, meaning the creditor can choose to collect the full amount from any one of them. If one debtor pays the entire debt, the others are no longer liable.  OBLIGATION BASED ON SUSPTIBILITY OBLIGATION TO PARTIAL PERFORMANCE OBLIGATION BASED ON DIVISIBLE OBLIGATION SUSCEPTIBILITY INDIVISIBLE OBLIGATION TO PARTIAL RULES IN PERFORMANCE DETERMINING INDIVISIBILITY  OBLIGATION BASED ON SUSCEPTIBILITY TO PARTIAL PERFORMANCE DIVISIBILITY AND INDIVISIBILITY OBLIGATION Art. 1223 The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of Chapter 2 of this Title. (1149)  OBLIGATION BASED ON SUSCEPTIBILITY TO PARTIAL PERFORMANCE RULE IN DETERMINING INDIVISIBILITY ART. 1225 paragraph 1: For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible. paragraph 3: However, even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties.  OBLIGATION THANK YOU REPORTERS: IANAH ISABEL B. MAICAH G.