Obligations and Contracts :
Kinds of Obligations
Kinds of Obligations
• PRIMARY CLASSIFICATION
1. Pure Obligation
2. Conditional Obligation
3. Obligations with a Period
4. Alternative (Facultative) Obligations
5. Conjunctive Obligations
6. Joint Obligations
7. Solidary Obligations
8. Divisible
9. Indivisible
10. Obligations with a Penal Clause
Kinds of Obligations
• SECONDARY CLASSIFICATIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
Unilateral Obligation
Bilateral Obligation
Real Obligation
Personal Obligation
Determinate Obligation
Generic Obligation
Positive Obligation
Negative Obligation
Legal Obligation
10. Conventional Obligation
11. Penal Obligation
12. Civil Obligation
13. Natural Obligation
Summary of Sections
• Section 1 – Pure and Conditional Obligations
• Section 2 – Obligations with a Period
• Section 3 – Alternative Obligations
• Section 4 – Joint and Solidary Obligations
• Section 5 – Divisible and Indivisible Obligations
• Section 6 – Obligations with a Penal Clause
Summary of Provisions
• Section 1 – Pure and Conditional Obligations
• Art. 1179 – Definition of Pure and Conditional
Obligations
• Art. 1181 – Suspensive and Resolutory Conditions
• Art. 1180 – Debtor pays “When means permit”
• Art. 1182 – Void, Potestative, Casual and Mixed
Conditions
Summary of Provisions
• Art. 1183 – Impossible and Illegal Conditions
• Art. 1184 – Positive Conditions
• Art. 1185 – Negative Conditions
• Art. 1186 – Presumptive Fulfilment of Condition
• Art. 1187 – Effects of Fulfilment of Suspensive
Condition
Summary of Provisions
• Art. 1188 – Preservation of Rights and Recovery
• Art. 1189 – Loss, Deterioration, Improvement
• Art. 1190 – Fulfilment of Resolutory Condition
• Art. 1191 – Rescission
• Art. 1192 – Breach by both parties
Section 1 – Pure and Conditional Obligations
• Pure Obligation – one without condition or a term
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. (Art. 1179 par. 1)
Example of a Pure Obligation
Beshy, can I loan Php.
1,000.00
Uhm…sure..
Example of a Pure Obligation [Continued]
I’ll pay you immediately or
upon your demand.
If you say so.
[Wehhh Di
nga?]
Section 1 – Pure and Conditional Obligations
• Conditional Obligation – one where there is a
condition.
Every obligation which contains a resolutory
condition shall also be demandable, without prejudice
to the effects of the happening of the event. (Art. 1179
par. 2)
Example of a Conditional Obligation
I will buy your land for
Php. 10M if you pass the
bar exams this year.
Sure thing!
Art. 1180 – Debtor Pays “When means
permit”
• This is not a conditional obligation.
• This situation means that the debtor will pay once he
can afford to, once he is able to, once he has the
money.
Example of a “When means permit”
Beshy, can I loan Php.
1,000.00
Uhm…sure..
Example of a “When means permit”
I’ll pay you once I have
the money.
If you say so.
[Wehhh Di
nga?]
What is a condition?
• A condition may be a future and uncertain event.
• It may also be a past but unknown or uncertain event.
• The happening of a condition may give rise
(suspensive) or extinguish (resolutory) the obligation
Kinds of Conditions [Art. 1181]
• Suspensive Condition – the happening of such
condition will give rise to an obligation.
• Resolutory Condition – the happening of such event
will extinguish the obligation.
Example of a Suspensive Condition
I will buy your land for
Php. 10M if you pass the
bar exams this year.
Sure thing!
Example of a Resolutory Condition
I will give you Php. 100.00
a day until you finish the
2nd sem.
Wow! ???
Art. 1182 – Void Conditions
• Potestative Conditon – one which depends upon the sole will
of one of the contracting parties.
• Casual Condition – depends on a third person or by
happening of chance or luck.
Art. 1182 – Void Conditions
• On the part of the DEBTOR
• Potestative Conditon + Suspensive Condition = Void (Illusory)
• Potestative Condition + Resolutory Condition = Valid
• On the part of the CREDITOR
• Potestative Conditon + Suspensive Condition = Valid
• Potestative Condition + Resolutory Condition = Valid
Art. 1183 – Impossible and Illegal Conditions
• Impossible Condition – one whose accomplishment is
physically impossible
• Illegal Condition – one whose accomplishment is legally
impossible or illegal.
Example of a Impossible Condition
Besh, pay me 1M, I will
resurrect you once you
die.
Sure thing!
Example of a Illegal Condition
EZ
Can you burn my village?
Make it appear like a
meteor hit it. I will pay you
Php 1M
Art. 1184 – Positive Condition
• There is a condition that some event will happen at a
determinate time.
• Such event will extinguish the obligation as soon as the time
expires or if it appears the obligation cannot be done.
• Example:
A promises to give his land worth 10M if you will marry X, the
ugliest woman in the world, until February 28, 2019.
• If X dies or if the marriage did not take place on the date, the
obligation has not been performed and thus extinguished.
Art. 1185 – Negative Condition
• There is a condition that some event should not happen at a
determinate time.
• Such event will extinguish the obligation as soon as the time
expires or if it appears the obligation cannot be done.
• Example:
A promises to give his land worth 10M if you will not marry X,
until February 28, 2019.
• If X dies or if the marriage did not take place, the obligation
arises.
Group Activity
• Instructions:
• Group yourselves into groups of two (2)
• Provide examples of obligations with (DO NOT COPY AN EXAMPLE
FROM DE LEON’S BOOK):
• Pure Obligation
• Conditional Obligation
•
•
•
•
•
•
Suspensive Condition
Resolutory Condition
Potestative Conditon
Casual Condition
Impossible Condition
Illegal Condition
• Write down your examples in one whole yellow pad paper
• Present one of your examples in front of the class.