Obligation: Party and Different Kinds
Different kinds of obligation
a. Pure and conditional pure-one whose effectivity or extinguishment does not depend upon the fulfillment or non-fillment of a condition or upon the expiration of a term or period. Characterized by Immediate Demandabilty. Conditional obligation-effectivity is subordinated to the fulfillment or non-fulfillment of a future or uncertain fact event • Future and uncertain event or • Past event and unknown to the parties a. Suspensive vs. resolutory In suspensive condition, fulfillment give rise to an obligation – acquisition of rights In resolutory condition, fulfillment extinguishes obigation – loss of rights acquired. b. Casula, Potestative, mixed Casual – depends on chance or will of third party (valid) Potestative – depends on the will of one of the contracting parties 1. if suspensive condition depends on will of debtor, the obligation is void. 2. if resolutory condition depends on will of debtor, the obligation is valid. 3. if depends on will of creditor, it is valid. Mixed- depends partly upon the will of a party and partly upon chance or third party (valid) c. Impossible conditions Physically impossible or legally impossible It “to do” , whole obligation is void It “not to do”, obligation is valid, as if not written If divisible, part not affected by impossible condition is valid. d. Positive vs. negative 1. positive condition (event will happen) extinguished: as soon as the time expires without the event taking place as soon as it becomes indubitable that the event will not take place 2. negative condition (event will not happen) effective: as soon as time expired without even taking place as soon as it becomes evident
a. Pure and conditional pure-one whose effectivity or extinguishment does not depend upon the fulfillment or non-fillment of a condition or upon the expiration of a term or period. Characterized by Immediate Demandabilty. Conditional obligation-effectivity is subordinated to the fulfillment or non-fulfillment of a future or uncertain fact event • Future and uncertain event or • Past event and unknown to the parties a. Suspensive vs. resolutory In suspensive condition, fulfillment give rise to an obligation – acquisition of rights In resolutory condition, fulfillment extinguishes obigation – loss of rights acquired. b. Casula, Potestative, mixed Casual – depends on chance or will of third party (valid) Potestative – depends on the will of one of the contracting parties 1. if suspensive condition depends on will of debtor, the obligation is void. 2. if resolutory condition depends on will of debtor, the obligation is valid. 3. if depends on will of creditor, it is valid. Mixed- depends partly upon the will of a party and partly upon chance or third party (valid) c. Impossible conditions Physically impossible or legally impossible It “to do” , whole obligation is void It “not to do”, obligation is valid, as if not written If divisible, part not affected by impossible condition is valid. d. Positive vs. negative 1. positive condition (event will happen) extinguished: as soon as the time expires without the event taking place as soon as it becomes indubitable that the event will not take place 2. negative condition (event will not happen) effective: as soon as time expired without even taking place as soon as it becomes evident