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Assignment #5

An alternative obligation allows the debtor to choose between various prestations to fulfill the obligation. A facultative obligation allows the debtor to substitute one prestation for another. A conjunctive obligation requires the debtor to fulfill all prestations. The debtor's right to choose is limited and can be lost if prestations become impossible or impracticable. If neither party is at fault, the obligation is extinguished. The debtor may rescind the contract with damages if the creditor prevents a choice. Joint obligations require proportional payment or demand from multiple debtors or creditors. Solidary obligations allow any creditor to demand or debtor to render entire compliance. Obligations with multiple debtors are presumed joint unless expressly solidary. Obligations to pay a

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Lenmariel Gallego
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347 views

Assignment #5

An alternative obligation allows the debtor to choose between various prestations to fulfill the obligation. A facultative obligation allows the debtor to substitute one prestation for another. A conjunctive obligation requires the debtor to fulfill all prestations. The debtor's right to choose is limited and can be lost if prestations become impossible or impracticable. If neither party is at fault, the obligation is extinguished. The debtor may rescind the contract with damages if the creditor prevents a choice. Joint obligations require proportional payment or demand from multiple debtors or creditors. Solidary obligations allow any creditor to demand or debtor to render entire compliance. Obligations with multiple debtors are presumed joint unless expressly solidary. Obligations to pay a

Uploaded by

Lenmariel Gallego
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1.

Define or give the meaning of the following:


a) Alternative obligation
An alternative obligation is one wherein various prestations are due but the performance
of 1 of them is sufficient as determined by the selection which, as general rule, belongs to the
debtor.
b) Facultative obligation
A facultative obligation is where only one prestation has been agreed upon but the
obligor may render another in substitution.
c) Conjunctive obligation
A conjunctive obligation is one where there are several prestations and all of them are
due.

2. What are the limitations on the right of choice of the debtor in alternative obligations?
Illustrate one such limitation.
According to Article 1200. The right of choice belongs to the debtor, unless it has been
expressly granted to the creditor. The debtor shall have no right to choose those prestations
which are impossible, unlawful or which could not have been the object of obligation.
According to Article 1202. The debtor shall lose the right of choice when among the
prestations whereby he is alternatively bound, only one is practicable. And according to
Article 1192. In case both parties have committed a breach of the obligation, the liability of
the first infractor shall be equitably tempered by the courts. If it cannot be determined which
of the parties first violated the contract, the same shall be deemed extinguished, and each
shall bear his own damages.

3. Give the situation when the debtor is given the option either to exercise his right of
choice or to rescind the contract with damages.
According to Article 1203. If through the creditor’s acts the debtor cannot make a choice
according to the terms of the obligation, the latter may rescind the contract with damages.

4. Define or give the meaning of the following:


a) Joint obligations
A joint obligation or one where the whole obligation is to be paid or fulfilled
proportionately by the different debtors and/or is to be demanded proportionately by the
different creditors.
b) Solidary obligations
A solidary obligation or one where each one of the debtors is bound to render, and/or
each one of the creditors has a right to demand from any of the debtors, entire compliance
with the prestation.

5. If there are two or more debtors in one and the same obligation, is thor liability joint or
solidary? Explain.
According to Article 1207. The concurrence of two or more creditors or of two or more
debtors in one and the same obligation does not imply that each one of the former has a right
to demand, or that each one of the latter is bound to render, entire compliance with the
prestation. There is a solidary liability only when the obligation expressly so states, or when
the law or the nature of the obligation requires solidarity. And according to Article 1208. If
from the law, or the nature or the wording of the obligations to which of the preceding article
refers the contrary does not appear, the credit or debt shall be presumed to be divided into as
many equal shares as there are creditors or debtors, the credits or debts being considered
distinct from one another, subject to the Rules of Court governing the multiplicity of suits.

6. X,Y, and Z bind themselves to pay W P30,000. Only X received the money as per
agreement between X,Y, and Z. On the due date of the obligation, has W the right to
demand the full payment of P30,000 from Z alone?
W has no right to demand the full payment of P30,000 from Z alone because according to
Article 1207. The concurrence of two or more creditors or of two or more debtors in one and
the same obligation does not imply that each one of the former has a right to demand, or that
each one of the latter is bound to render, entire compliance with the prestation.

7. Define or give the meaning of the following:


a) Divisible obligation
A divisible obligation is one the object which, in its delivery or performance, is capable
of partial fulfillment.
b) Indivisible obligation
An invisible obligation is one the object of which, in its delivery or performance, is not
capable of partial fulfillment.
8. The divisibility of an obligation is different from the divisibility of the thing which is the
object thereof.
According to Article 1223. The divisibility or indivisibility of the things that are the
object of obligations in which there is only one debtor and only one creditor does not alter or
modify the provisions of Chapter 2 of this Title.

9. What obligations are deemed indivisible?


According to Article 1225. For the purpose of the preceding articles, obligation to give
definite things and those which are not susceptible of partial performance shall be deemed to
be indivisible.

10. What obligations are deemed divisible?


According Article 1225. When the obligation has for its object the execution of a certain
number of days of work, the accomplishment of work by metrical units, or analogous things
which by their nature are susceptible of partial performance, it shall be divisible.

11. A and B bind themselves to pay C their loan of P10,000 on a certain date. Is the
obligation divisible or indivisible?
The obligation is indivisible because A and B bind themselves to pay C on a certain date
which is not partial payment.

12. D finds himself to pay his loans of P10,000 in four equal monthly installments. Is the
obligation of D divisible or indivisible?
The obligation is divisible because there D will pay his loan in four monthly installment
which is partial payment.

13. What is an obligation with a penal clause?


An obligation with a penal clause is one which contains an accessory undertaking to a
pay a previously stipulated indemnity in case of breach of the principal prestation, intended
primarily to induce its fulfillment.
14. What is a penal clause?
A penal clause is an accessory undertaking which attached to an obligation to assume
greater liability in case of breach, i.e., the obligation is not fulfilled, or is partly or irregularly
complied with.

15. What are the purposes of incorporating a penal clause to an obligation?


According to Article 1226. In obligations with a penal clause, the penalty shall substitute
the indemnity for damages and the payment of interest in case of noncompliance, if there is
no stipulation to the contrary. Nevertheless, damages shall be paid if the obligor refuses to
pay the penalty or is guilty of fraud in the fulfilment of the obligation. The penalty may be
enforced only when it is demandable in accordance with the provisions of this Code.

16. In an obligation with a penal clause, may the creditor still recover damages and interests
in addition to the stipulated penalty?
The creditor may not recover damages and interest because according to Article 1226. If
there is no stipulation to the contrary, the penalty shall substitute the indemnity for damages
and the payment of interest in case of noncompliance. But in this case, there is an addition to
the stipulated penalty.

17. In what cases may the debtor validly object to the enforcement of the stipulated penalty?
According to Article 1227. The debtor cannot exempt himself from the performance of
the obligation by paying the penalty, save in the case where this right has been expressly
reserved for him. Neither can the creditor demand the fulfillment of the obligation and the
satisfaction of the penalty at the same time, unless this right has been clearly granted him.
However, if after the creditor has decided to require the fulfillment of the obligation, the
performance thereof should become impossible without his fault, the penalty may be
enforced.

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