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Written

Report
CoE70
Different Kinds of Obligations
Pure & Conditional
Obligation with a Period
Alternative Obligations
Submited by:

Submitted to:

Date Submitted:

A pure obligation is one where its performance of does not depend


upon a future or uncertain event, or upon a past event unknown to the
parties, resulting in such obligation being immediately due and demandable.1
1 Reference from: http://www.legalaspects.ph/296/pure-and-conditional-obligations/

As a sub-set of a pure obligation, a reciprocal obligation is one which


arises from the same cause, and which each party is a debtor and a creditor
of the other, such that the obligation of one is dependent upon the obligation
of the other. Necessarily, the performance of each reciprocal obligation is
conditioned upon the simultaneous completion of the other. Hence, both
obligations must be performed at the same time. In a reciprocal obligation,
the power to rescind obligations is implied if one of the obligors does not
comply with what was incumbent upon him. Thus, in a breach of a reciprocal
obligation, the injured party may choose between: (a) the fulfillment of the
obligation with damages, or (b) the rescission of the obligation damages. If
the fulfillment of the first option becomes impossible after it is chosen, the
injured party may still seek rescission. The right to rescission does not
prejudice the rights of third persons who may have lawfully acquired the
thing. If it cannot be determined who first violated the contract, the
agreement is deemed extinguished resulting in either party bearing their
own damages.
A conditional obligation is one which requires the happening of an
event for a right to be acquired (suspensive condition) for a right to be
extinguished (resolutory condition). Consequently, a conditional obligation is
one the performance of which depends on an uncertainty (whether the day
will come or not).
As a sub-set of a conditional obligation, a suspensive condition is a
future event the happening of which results in the acquisition of a right and
the creation of the corresponding obligation. Logically, an obligation
depending on a suspensive condition may be extinguished once: (a) the time
expires; or (b) it has become indubitable that the event will not take place. In
the alternative, a suspensive condition may depend on a negative event or
that something does not happen at a determine time. In this case, the
obligation is effective: (a) from the moment the time indicated has elapsed;
or (b) if it becomes evident that the event cannot occur. If there is no
stipulated time, the suspensive condition is considered fulfilled at such time
as what they may have probably contemplated taking into consideration the
nature of the obligation.
As a sub-set also of a conditional obligation, a resolutory condition is a
future event the happening of which results in the extinguishment or loss of
a right already acquired. Otherwise stated, a resolutory condition
automatically grants the exercise of a right and creates the corresponding
obligation subject to the happening of the event that may result in the
termination of the right or obligation.

While conditional obligations are allowed, some are void as in these


cases: (a) a potestative condition or one wherein the fulfillment depends
upon the sole will of the debtor resulting in injustice to the creditor; or (b) a
condition not to do an impossible thing as it simply cannot be done.
Meanwhile, an obligation may be annulled if: (a) it depends on impossible
conditions; (b) it is contrary to good customs or public policy; and (c) it is
prohibited by law.
Whether a condition is suspensive or resolutory, such condition is
considered fulfilled if the debtor voluntarily prevents its fulfillment. A
conditional obligation which has been fulfilled retroacts to the day of its
constitution, including its effects. If the obligation carries reciprocal
prestations upon the parties, the fruits and interests are deemed mutually
compensated during the pendency of the condition. If the obligation is
unilateral, the debtor is to appropriate the fruits and interests received
except as otherwise may have been intended by the parties through the
inference of the nature and circumstances of the obligation.
Obligation with a Period are obligations for whose fulfillment a day
certain has been fixed, shall be demandable only when that day comes. Or
for more elaborate description this is an obligation with a period is one that
has a fixed day certain for its fulfillment. Such an obligation is demandable
only when that day comes. The term a day certain refers to that which
must necessarily come, although it may not be known when. Or another
example: Variable A promised to deliver a dog to Variable B on December 25,
2015. Effect: it is not demandable at once, period: is a date/ period/ even
w/c will definitely arrived. An obligation with simply one with a period or
date.
An alternative obligation is one where out of the two or more
prestations which may be given, only one is due. It is the obligation allowing
the obligor to choose which of two things he will do, the performance of
either of which will satisfy the instrument. Where the things which form the
object of the contract are separated by a disjunctive, then the obligation
is alternative. Or in other or more simpler words 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. Where a person
engages to do, or to give several things the payment of one will acquit him
of all. For example, A agrees to give B, upon a sufficient consideration, a
horse, or one hundred dollars. Usually, when an obligation is alternative, the
choice of the item of performance belongs to the obligor unless it has been
expressly or impliedly granted to the oblige.

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