Classification of Obligation PDF

Summary

This document classifies obligations, distinguishing pure and conditional obligations. It defines conditions and their types, including suspensive and resolutory conditions, and discusses potestative, casual, and mixed conditions. Possible and impossible conditions, along with positive and negative conditions, are also categorized, with important legal details noted.

Full Transcript

Classification of Obligation Pure Obligation - one without a term or condition and is demandable at once Example: I promise to give you 1,000 pesos Conditional Obligation - is one whose demandability or extinguishment depends upon the happening of a condition. Example: I wil...

Classification of Obligation Pure Obligation - one without a term or condition and is demandable at once Example: I promise to give you 1,000 pesos Conditional Obligation - is one whose demandability or extinguishment depends upon the happening of a condition. Example: I will give you my laptop if you pass the exam Condition - is defined as future event and uncertain event upon which an obligation is made to depend Classification of Condition Suspensive and Resolutory Condition a. Suspensive Condition - is a condition the happening of which will give rise to the obligation. - the demandability of the obligation is suspended until the happening b. Resolutory Condition - is a condition the happening of which extinguishes the obligation. - the obligation is demandable at once but it shal be extinguished upon the happening of the condition Example: I will let you use my car until you pass the Examination. Potestative Condition, Casual Condition and Mixed Condition a. Potestative - is a condition that depends upon the will of one of the contracting parties. (1) Potestative on the part of the debtor * if suspensive - the obligation is void (Art. 1182) - even if the the condtion is fulfilled , the obligation is not demandable Example: Jimmarc will give Jay 10,000 pesos, if Jimmarc go to Baguio. * if resolutory - the obligation is valid. Example: Jimmarc will allow the use of his car by Jay until he returns from Baguio. (2) Potestative on the part of the creditor - the obligation is valid wether the condition is suspensive or resolutory. Example: Jimmarc will give Jay 10,000 pesos, if Jay goes to Baguio. (b) Casual Condition - is a condition that depends upon a chance or the will of a third person. (c) Mixed Condition - is a condition that depends upon the will of one of the parties and partly upon chance or upon the will of a third person. Possible and Impossible Condition (a) Possible Condition - is one that is capable of fulfillment in it's nature by law. (b) Impossible Condition - is one that is not capable of fulfillment in it's nature or due to operation of law. - the obligation and condition are void (Art. 1183) Positive and Negative Condition (a) Positive Condition - is a condition that some event will happen at a determinate time. (b) Negative Condition - is a condition that some event will not happen at a determinate time. Divisible and Indivisible Condition (a) Divisible Condition - is one that is capable of partial performance. - under Art. 1183, if the obligation is divisible, that part therof which is not affected by impossible or unlawful condition shall be valid. (b) Indivisible Condition - is one that is not capable of partial performance by its nature or by law or agreement of the parties. What is Mutual Breach? Mutual Breach - A mutual breach occurs when both parties agree to breach the contract, typically due to a mutual understanding that the original agreement is no longer viable or beneficial. In these cases, both parties may agree on new terms or dissolve the contract altogether. Unilateral/Reciprocal Obligation Unilateral Obligation - An unilateral obligation is an obligation that is only binding on one party,while the other party is not obliged to perform any action or provide anyconsideration in return. In other words, only one party is obligated toperform under the terms of the contract or agreement, while the otherparty is not. Unilateral/Reciprocal Obligation Reciprocal Obligation - are obligations arising out of the same cause and are to be fulfilled at the same time such as the obligation of the seller and the buyer in a contract of sale

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