Obligation with a Period. An obligation with a period is a kind of obligation wherein its performance is subject to a term or period, and can only be demandable when that period expires. Such period is ‘a day certain' which must necessarily come, although it may not be known when.
Then, what is obligation with a condition?
Discussion: Condition – future and uncertain event upon which the existence or extinguishments of an obligation is made to depend. Pure Obligation – one which does not contain any condition or term upon which its fulfillment is made to depend. Conditional Obligation – kind of obligation which is subject to condition.
Similarly, what is the effect of solidary obligation? A solidary obligation is almost always an advantage for a creditor because it will either allow any creditor to demand the entirety of the debt from the sole debtor when the solidarity is active, or it will allow the creditor to demand the entirety of the debt from any of the multiple debtors when it is passive.
Then, what is alternative obligation?
Alternative Obligation Law and Legal Definition. An obligation is alternative when two things are equally due, under an alternative. The obligor is bound to render only one of two or more items of performance.
What is joint and solidary obligation?
As explained by the Supreme Court: A solidary or joint and several obligation is one in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation.
What are the kinds of obligation?
In legal terminology, there are several forms of obligation, including:
- absolute obligation.
- contractual obligation.
- express obligation.
- moral obligation.
- penal obligation.
What is pure obligation and example?
A pure obligation is a debt which is not subject to any conditions and no specific date is mentioned for its fulfillment. A pure obligation is immediately demandable. It is an obligation with respect to which no condition precedent remains which has not been performed.
What is conditional obligation void?
Conditional obligation void. Where the potestative condition depends solely upon the will of the debtor. Only the condition void. If the obligation is a pre existing one and, does not depend for its existence upon the fulfillment by the debtor of the potestative condition.
What is a positive condition?
A positive condition in the law refers to an event that is to take place in order for a condition to be met, as opposed to the non-occurrrence of an event, which would be a negative condition. For example, “if I have children'” is a positive condition and “if I don't have childen” is a negative condition.
What is Resolutory?
Resolutory Condition Law and Legal Definition. Resolutory condition refers to a condition whereby, upon fulfillment terminates an already enforceable obligation. It also entitles the parties to be resorted to their original positions. A resolutory condition is also implied in all commutative contracts.
What is Resolutory period?
“resolutory period” – period upon the arrival of which the obligation terminates Obligation with a Period.
What are the effects of fulfillment of Resolutory condition?
Answer: As to the effect of these conditions, the inoperative rights and obligations come into existence upon the fulfillment of suspensive condition while the fulfillment of the resolutory condition cease or extinguish the rights and obligations of the parties as if it did not exist.
Can a debtor be put in delay and consequently?
5. Can a debtor be put in delay and consequently, incur liability even without demand from creditor? Explain.No. If the creditor does not demand, then it is presumed that he is giving the debtor an extension of time and the latter in not liable for damages.
What is simple obligation?
Simple obligation. An unconditional obligation, one which is to be performed without depending upon any event provided by the parties to it.
What is divisible obligation?
Divisible obligation. obligation in which the object, in its delivery or performance, is capable of partial fulfillment. Indivisible obligation.
What is a facultative obligation?
Facultative obligation refers to a type of obligation where one thing is due, but another is paid in its place. In such type of obligations there is no alternative provided. The debtor is given the right to substitute the thing due with another that is not due.
What is compound obligation?
Kinds of obligation according to subject: They are: 1. COMPOUND OBLIGATION – one where there are two or more prestations. It may be: A. CONJUNCTIVE OBLIGATION – one where there are several prestations and all of them are due; or B. DISTRIBUTIVE OBLIGATION – one where one two or more of the prestations is due.
What is an obligation with a penal clause?
A penal clause is another obligation attached to the principal one, requiring the payment or performance of something, or simply, requiring a greater responsibility, in case of noncompliance in order to assure performance or to deter nonperformance. It is attached to obligations in order to insure their performance.
What is active solidarity?
Active solidarity. It is the subjection of various creditors to solidarity. This solidarity between creditors only exists if it is expressly stipulated in a convention.
What is Republic No 386?
Anti-Noise Law in Republic Act No. 386, Article 26: “Every person shall respect the dignity, personality, privacy, and peace of mind of his neighbors and other persons.”
Is the rule no demand no delay absolute?
General Rule: No demand no delay!
The debtor incurs in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation but the debtor failes to perform his obligation.
Is breach of contract a criminal case in the Philippines?
The proper legal remedy in your situation is to file a civil action for collection of sum of money or breach of contract or specific performance against Ramil, not a criminal case for estafa under Article 315 of the Revised Penal Code. In the case of Sy vs. People of the Philippines (G.R. No.
What is the effect of remission to a solidary debtor?
The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.