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Module 4 - Oblicon Chapter 3 Different Kinds of Obligation

This document discusses different types of obligations under Philippine law. It defines pure obligations as those that are immediately demandable without terms or conditions. Conditional obligations depend on an uncertain future event. The document outlines various types of conditions such as suspensive, which suspend the obligation until the condition occurs, and resolutory, which extinguish the obligation if the condition occurs. It also discusses potestative conditions, which depend solely on the will of one party, and how these affect obligation validity. Impossible or illegal conditions will void the dependent obligation.

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260 views

Module 4 - Oblicon Chapter 3 Different Kinds of Obligation

This document discusses different types of obligations under Philippine law. It defines pure obligations as those that are immediately demandable without terms or conditions. Conditional obligations depend on an uncertain future event. The document outlines various types of conditions such as suspensive, which suspend the obligation until the condition occurs, and resolutory, which extinguish the obligation if the condition occurs. It also discusses potestative conditions, which depend solely on the will of one party, and how these affect obligation validity. Impossible or illegal conditions will void the dependent obligation.

Uploaded by

giezel franco
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CHAPTER III – DIFFERENT KINDS OF OBLIGATIONS

Article 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible,
if there has been no stipulation to the contrary.

Transmissibility of rights
As a general rule, all rights acquired in virtue of an obligation are transmissible. Thus, death
of either contracting parties does not extinguish the obligation. The rights and obligations of the
deceased are transmitted to the heirs. However, there are exceptions:
a) When the parties agreed against transmission.
b) When the law prohibits the transmission of rights.
c) When the nature of the obligation does not permit transmission of rights, such as when the
right is purely personal.
Classification of Obligations
1. Pure 11. Bilateral
2. Condition 12. Simple
3. With a period 13. Compound
4. Alternative 14. Positive
5. Joint 15. Negative
6. Solidary 16. Civil
7. Divisible 17. Natural
8. Indivisible 18. Facultative
9. With a penal clause 19. Reciprocal
10. Unilateral

SECTION 1
PURE AND CONDITIONAL OBLIGATIONS

Article 1179. Every obligation whose performance does not depend upon a future or uncertain
event, or upon a past event unknown to the parties, is demandable at once.

Every obligation which contains a resolutory condition shall also be demandable, without
prejudice to the effects of the happening of the event.
Concept

a) Pure obligation – one without a term nor is it subject to a condition and is immediately
demandable.

Example

I promise to give you a car.

b) Conditional obligation – one which is subject to a condition.

Example

I promise to give you P10,000 if you marry Miss Taylor.


Conditional obligations
a) Concept of condition
It is an uncertain event which wields an influence on a legal relation.
b) Kinds of conditions
1) Suspensive – one which suspends the effectivity of the obligation until the condition is
fulfilled. It is the fulfilment of the condition that produces the efficacy of the obligation. If the
condition is not fulfilled, the obligation is not demandable.
2.) Resolutory – one which extinguishes the obligation upon the happening of the condition.
The obligation is immediately demandable. However, if the condition is fulfilled, the obligation is
extinguished and the parties required to restore or return to each other what they have received.
Article 1180. When the debtor binds himself to pay when his means permit him to do so, the
obligation shall be deemed to be one with a period, subject to the provisions of article 1197.
When obligation is demandable
When the debtor binds himself to pay when his means permit him to do so, the obligation is
one with a period. Hence, immediate performance cannot be enforced/ But since the period for its
performance is indeterminate, before the creditor can enforce it, an action should be filed in court to
fix a period for the payment of the obligation (Art. 1197). Before a period is fixed by the court, the
obligation cannot be enforced.
Article 1181. In conditional obligations, the acquisition of rights, as well as the extinguishment
or loss of those already acquired, shall depend upon the happening of the event which
constitutes the condition.
Article 1182. When the fulfilment of the condition depends upon the sole will of the debtor, the
conditional obligation shall be void. If it depends upon chance or upon the will of a third person,
the obligation shall take effect in conformity with the provisions of this Code.  
Kinds of conditions
a) Potestative – one which depends upon the sole will of the contracting parties.
b) Casual – one which depends exclusively upon chance.
Example
I’ll give you P10,000, if I win 1st prize in the sweepstakes.
c) Mixed – one which depends upon the will of one of the contracting parties and partly upon
chance or the will of the third person.
Example
I’ll give you P10,000, if you marry Miss Rosario.
Potestative condition
a) Potestative on the part of the creditor.
If the fulfilment of the condition is independent upon the sole will of the creditor the
obligation is valid.
Example
I’ll give you a car on condition that you go to Baguio on or before Dec. 10, 1965.
b) Potestative on the part of the debtor.
1) When the condition is suspensive.
If a suspensive condition is solely dependent upon the will of the debtor the
obligation is void.
2) When the condition is resolutory.
A condition which is both potestative and resolutory is valid, even though the
fulfillment of the condition is dependent upon the will of the debtor.
Article 1183. Impossible conditions, those contrary to good customs or public policy and those
prohibited by law shall annul the obligation which depends upon them. If the obligation is
divisible, that part thereof which is not affected by the impossible or unlawful condition shall be
valid.
The condition not to do an impossible thing shall be considered as not having been agreed upon.
Effect of the impossibility or illegality of the condition

a) Positive impossible conditions or illegal conditions.

An obligation is void if it is dependent on an impossible or illegal condition. However, if


the obligation is divisible, that part which is not affected by the impossible or unlawful condition is valid.

b) Negative impossible condition

If the condition of the obligation is not to do an impossible thing, the condition shall be
considered as not having been agreed upon, and the obligation is immediately demandable.

Article 1184. The condition that some event happen at 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.

Article 1185. 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.
If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably
been contemplated, bearing in mind the nature of the obligation.

Example

a) Positive condition

I’ll give you a car if you marry X on or before Dec 10, 1992. My obligation to give the
car is extinguished if on Dec. 11, 1992 X is still single or if before Dec. 10, 1992 X dies, because by then it
is evident that you can no longer marry X.

b) Negative condition

I’ll give you a car it you do not marry X on or before Dec. 10, 1992. If on Dec 11, 1992
you have not married X, you can demand delivery of the car. If X dies before Dec, 11, 1992 you can, on
the death of X demand delivery of the car without waiting for Dec. 11, 1992, because it is evident that you
can no longer marry X.

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