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This document defines and describes different types of obligations under contract law:
- Pure obligations require immediate performance without conditions, while conditional obligations only require performance if a future event occurs.
- Reciprocal obligations require simultaneous performance from both parties.
- Suspensive conditions create obligations if a future event occurs, while resolutory conditions extinguish obligations if an event occurs.
- Obligations with a period set a fixed date for performance and are not demandable until that date.
- Alternative obligations allow the obligor to choose between two or more forms of performance to satisfy the obligation.
This document defines and describes different types of obligations under contract law:
- Pure obligations require immediate performance without conditions, while conditional obligations only require performance if a future event occurs.
- Reciprocal obligations require simultaneous performance from both parties.
- Suspensive conditions create obligations if a future event occurs, while resolutory conditions extinguish obligations if an event occurs.
- Obligations with a period set a fixed date for performance and are not demandable until that date.
- Alternative obligations allow the obligor to choose between two or more forms of performance to satisfy the obligation.
This document defines and describes different types of obligations under contract law:
- Pure obligations require immediate performance without conditions, while conditional obligations only require performance if a future event occurs.
- Reciprocal obligations require simultaneous performance from both parties.
- Suspensive conditions create obligations if a future event occurs, while resolutory conditions extinguish obligations if an event occurs.
- Obligations with a period set a fixed date for performance and are not demandable until that date.
- Alternative obligations allow the obligor to choose between two or more forms of performance to satisfy the obligation.
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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