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Module 3

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23 views

Module 3

Uploaded by

hilldeguzman510
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Republic of the Philippines

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES-BATAAN BRANCH


Mariveles, Bataan

BUSINESS LAW (OBLIGATIONS AND CONTRACTS)


LAW 20053
Module # 3

Overview

This module discusses Several Kinds of Obligations, particularly Pure


Obligations, Conditional Obligations, Obligations with a Period and
Alternative Obligations.

Module Objective

At the end of this module, you are expected to:

1. Have clear understanding of Pure Obligation, Conditional


Obligation, Condition, Kinds of Condition, Obligations with
a Period, Period, Kinds of Period, Alternative Obligations,
and Facultative Obligations; and

2. Give concrete examples of the said kinds of Obligations.

Reading Assignment

Pure and Conditional Obligations (Art. 1179-112)


Obligations with a Period (Art. 1193 – 1198)
Alternative Obligations (Art. 1199-1206)
Pages 81-150, Recommended Book

Questionnaire

Define. (10 pts)

1. Pure Obligation
2. Suspensive Condition
3. Reciprocal Obligations
4. Positive Condition
5. Negative Condition
6. Period
7. Resolutory Period
8. Alternative Obligation
9. Facultative Obligation
10.Conjunctive Obligation
Enumerate. (30 pts.)

1. Distinctions between Suspensive and Resolutory Condition. (3 pts.)


2. Instances where a positive condition extinguishes an obligation. Give
an example for every instance. (2 pts.)
3. Instances where a negative condition render and obligation effective.
Give an example for every instane. (2 pts.)
4. Requisites for the constructive fulfillment of suspensive condition. (3
pts.)
5. Kinds of Loss. (3 pts.)
6. Remedies in Reciprocal Obligations in case of non-compliance. (2
pts.)
7. Instances when the court is authorized to fix a period to fulfill an
obligation. (2 pts.)
8. Instances where the debtor lose every right to make use of the period.
(5 pts.)
9. Limitations on the Right of the Debtor to choose among the
alternatives. Give an example for each case. (4 pts.)

10. Rules in case of loss, deterioration, or improvement of the specific


thing during the pendency of the suspensive condition. (6pts.)

Essay. (20 pts.)

1. Give examples of the following:

a. Obligation with a suspensive period (1 pt.)


b. Obligation with a resolutory condition (1 pt.)
c. Period for the benefit of the debtor alone (1 pt.)
d. Alternative Obligation (1 pt.)
e. Facultative Obligation (1 pt.)

2. Chumlee asked Rick to sell his Katana for a price of Php 1 million with
a 1% commission. Rick found a buyer Rebecca but Chumlee decided
to directly sell the Katana to Rebecca. Can Rick go against Chumlee
for the sale? Explain. (5 pts.)

3. On October 1, Ivana borrowed PhP 500,000 to Mone to be paid on


December 1. As collateral, she promised to deliver her only car to Mona
five days after. Mona, trusting Ivana, delivered the said amount right
away. However, on October 3, Ivana wrecked her car in an accident of
her own making.

a. Can Mona immediately ask for return of her money? Explain.


(2.5 pts.)
b. Supposedly, Ivana’s car was wrecked because of fortuitous
event, will your answer be the same? Explain. (2.5 pts.)

4. Lianzel agreed to deliver to Lenard 100 sacks of rice but she may opt
to deliver 100 sacks of corn. Before the agreed date of delivery, 100
sacks of rice where burned due to a fortuitous event.

a. May Lenard compel Lianzel to deliver 100 sacks of rice? Explain


(2.5 pts.)

b. May Lenard compel Lianzel to deliver 100 sacks of corn instead?


(2.5 pts.)

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