Seatwork 1
Seatwork 1
Seatwork 1
SEATWORK 1
2. Meaning of Condition
3. Characteristics of Condition
Example: I promise to give Bryan Php 5,000.00 if he passes the school entrance
exam; the obligation cannot be demandable at once but becomes demandable
only upon Bryan’s passing the school entrance exam.
Example: I promise to support Bryan Php 3,000.00 per month until such time
that he has already got a job, the obligation to give a monthly pension starts
immediately but the moment Bryan got a job the obligation stops.
(2) If the first does not take place, the tie of law (juridical or legal tie) does
not appear, while if it is the other, the tie of law is consolidated; and
(3) Until the first takes place, the existence of the obligation is a mere
hope, while in the second, its effects flow, but over it, hovers the
possibility of
termination.
.
6. Meaning of Period – When?
(1) Acquisition of rights - When there are obligations that are dependent on a
condition that needs to be fulfilled, the creditor can only acquire their rights
once the event that fulfills the condition takes place.
(2) Loss of rights already acquired - When there are obligations that are
dependent on a condition that needs to be fulfilled, the creditor can only
acquire their rights once the event that fulfills the condition takes place.
(1) As to effect.
(a) Suspensive — the happening of which gives rise to the obligation; and
(b) Resolutory — the happening of which extinguishes the obligation.
(2) As to form.
(3) As to possibility.
(a) Potestative. — the condition depends upon the will of one of the
contracting parties;
(b) Casual. — the condition depends upon chance or upon the will of a third
person; and
(c) Mixed. — the condition depends partly upon chance and partly upon the
will of a third person.
(5) As to mode.
(6) As to numbers.
(a) Conjunctive. — there are several conditions and all must be fulfilled;
and
(b) Disjunctive. — there are several conditions and only one or some of
them must be fulfilled.
(7) As to divisibility.
10. WHEN will the DEBTOR LOSES HIS RIGHT TO MAKE USE OF THE
PERIOD?
(3) When guaranties or securities given have been impaired or have disappeared.
A Joint Obligation is when all the people responsible for the obligation have to
pay or fulfill it in a fair and equal way. This means that each debtor has to
contribute their share, and each creditor can demand their fair portion.
A Solidary Obligation is when all the debtors are obligated to fulfill their part,
and all the creditors have the right to expect complete fulfillment of the
obligation.
(1) A Divisible Obligation is when you have to do something, but you can do it
partially.
Example: D has agreed to pay C a total of P2,000.00, which will be divided into
four equal monthly installments. This means that D can fulfill their obligation by
making partial payments over time. However, if the agreement states that D must
pay the full amount of P2,000.00 on a specific date, the obligation becomes
indivisible. Even though money can be physically divided, the intention of the
parties is for the obligation to be fulfilled in one go, not partially. It's important to
note that the divisibility of an obligation should not be confused with the
divisibility of the object being exchanged.
(2) An Indivisible Obligation is when you have to do something, but you cannot
do it partially.
15. What are the RULES IN CASE OBLIGATION HAS A PENAL CLAUSE.
Prepared by;