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Oblicon Assignment # 2

A, B, and C are joint creditors of debtors Y and Z for P30,000. As joint creditors, A, B, or C can each collect only their share of P10,000 from debtor Y. Y is also fully responsible for the debt of Z. The period "on or before" a date is presumed to benefit both the debtor and creditor. The debtor can perform their obligation in advance of the period arriving unless the terms specify otherwise. A suspensive condition delays the obligation until an uncertain future event occurs, while a resolutory condition extinguishes the existing obligation if a future event occurs.

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2K views

Oblicon Assignment # 2

A, B, and C are joint creditors of debtors Y and Z for P30,000. As joint creditors, A, B, or C can each collect only their share of P10,000 from debtor Y. Y is also fully responsible for the debt of Z. The period "on or before" a date is presumed to benefit both the debtor and creditor. The debtor can perform their obligation in advance of the period arriving unless the terms specify otherwise. A suspensive condition delays the obligation until an uncertain future event occurs, while a resolutory condition extinguishes the existing obligation if a future event occurs.

Uploaded by

Zhainna Silvestre
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Lesson 2:

1. A, B, and C are the joint creditors of Y and Z who are solidary debtors in the amount of
P30,000.00. How much A, B, or C could collect from Y? (10 points)

- Since A, B, C are only joint creditors, they can collect their share which is P10,000 from Y, a
solidary debtor. Acc. Art. 1207, the credit - on the part of creditors is divided into as many as
equal parts as there are creditors and the debt. In addition, Y and Z are solidary debtors.
Hence, Y is also liable to pay the liability of Z to each creditor but any of the creditors cannot
collect 30,000 credit because they are joint creditors and one of them can only collect their
share.
2.When the period is “on or before the date”, the debtor may perform his obligation even before
the period arrives. Why? (10 points)

- The debtor may perform his obligation even before the period arrives because a period fixed
by the parties is presumed to have been established for the benefit of both the debtor and the
creditor. This presumption is rebuttable. A period may be established in favor of one of the
parties as shown in the tenor of the obligation or other circumstances. The period may either
be:
For the benefit of the debtor; he cannot be compelled to perform the obligation before the arrival
of the period and may perform the obligation in advance; And (2) For the benefit of the creditor;
he cannot be compelled to accept the performance before the arrival of the period and may
demand the performance of the obligation in advance.

What is the difference between suspensive condition and resolutory condition? (10 points)

- A suspensive condition is a future or uncertain event, the happening of which give birth to the
obligation. For example: A promises to give B a car if she pass the bar exam. The obligation
cannot be demanded at once but becomes demandable only upon A passing the Bar exam.

- Resolutory condition is an event the passing of which extinguishes the obligation. For
example, A promises to support B in the amount of five thousand per month until such time that
he ge has already got a job. The obligation to give a monthly pension starts immediately but the
moment B got a job the obligation stops.

4. A obliged himself to give B a determinate car upon the death of B’s father. What is the nature
of A’s obligation? (10 points)

- A's obligation is to deliver to B a determinate car upon the death of B's father. Therefore, A
has an obligation with a period. In this situation, death is the stipulation which is according to
one that constitutes a period, it is a certain event which must happen sooner or later at a date
known beforehand, or at a time which cannot be determined.(Art. 1193, par. 3.)

Refer to Qs No. 4, will your answer be the same if A will give B a determinate car if B’s father
died of Tubercolosis (TB)? (10 points)

- No. Since we cannot say that his father will die of Tubercolosis in the future. It is a future with
uncertain event (Art. 1179). Therefore, question no. 5 falls under Pure and Conditional
Obligations.

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