What are the types of obligations?
Forms of Obligation
- absolute obligation.
- contractual obligation.
- express obligation.
- moral obligation.
- penal obligation.
Who has the right of choice in an alternative obligation?
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 (1132).
What is solidary divisible obligation?
Solidary Divisible ObligationII. If the obligation is solidary, the creditor was validly condones such debtin any amount, the said creditor is liable to give equally what he condonesthe other solidary creditor based on what amount they’re about to receivefrom the debtor.
What does Perst mean?
What is the difference between joint and joint and several?
Joint liability arises when two or more persons jointly promise to another person to do the same thing. Several liability arises when two or more persons make separate promises to another, whether under the same contract or different contracts.
What is simple obligation?
An unconditional obligation, one which is to be performed without depending upon any event provided by the parties to it. A Law Dictionary, Adapted to the Constitution and Laws of the United States.
What is solidary obligation in law?
A solidary obligation, or an obligation in solidum, is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it.
What is an alternative obligation?
An obligation is alternative when two things are equally due, under an alternative. 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. …
When can we conclude that the obligation is solidary?
–4:102: Solidary, divided and joint obligations (1) An obligation is solidary when each debtor is bound to perform the obligation in full and the creditor may require performance from any of them until full performance has been received.
What is divisible obligation?
1815. Divisible and indivisible obligation. An obligation is divisible when the object of the performance is susceptible of division. An obligation is indivisible when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division.
When the debtor binds himself to pay when his means permit him to do so the obligation is?
When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of article 1197. By: Evelyn Balaoro. Explanation: An obligation with a period arises when a day certain has been fixed for its fulfillment.
What is joint obligation?
Joint Obligation– where the whole obligation is to be paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors. This is the presumption in all collective obligation unless solidarity is expressly stated.
What is Potestative condition?
A potestative condition is a condition, the fulfillment of which depends upon the sole will of the debtor, in which case, the conditional obligation is void. For this reason, it is considered void.
What is pure obligation?
A pure obligation is one that is demandable at once because it does not depend upon a future or uncertain event, not on a past event unknown to the parties and is not an obligation with a resolutory condition. A simple promissory note to pay certain amount within a certain period is an example of a pure obligation.
What is considered the efficient cause of an obligation?
Efficient Cause – The juridical tie that binds the parties to an obligation. It is what binds the parties (e.g. contracts, quasi contracts).
What is the difference between joint and solidary obligation?
In a joint obligation “each obligor answers only for a part of the whole liability and to each obligee belongs only a part of the correlative rights.” Whereas, in “a solidary or joint and several obligation, the relationship between the active and the passive subjects is so close that each of the former or of the …
Who has the right of choice in facultative obligation?
Facultative obligation refers to a type of obligation where one thing is due, but another is paid in its place. In such type of obligations there is no alternative provided. The debtor is given the right to substitute the thing due with another that is not due.
How is payment affecting the obligation?
Payment, the performance of an obligation to pay money. In law, in order that payment may extinguish the obligation, it is necessary that it be made at a proper time and place, in a proper manner, and by and to a proper person.
What does jointly and severally mean?
Jointly and severally is a legal term that is used to describe a partnership or any other group of individuals in which each individual named shares responsibility equally. For example, a partner with a 10% stake in a business may have a liability that is proportional to that 10% investment.
What is the meaning of prestation?
1 feudal law : a rent, tax, or due paid in kind or in services (as in return for the lord’s warrant or authority for taking wood) 2 civil law : a performance of something due upon an obligation.
What are the requisites elements of obligations?
The elements of an obligation are: the parties, an object, the relationship by virtue of which one party is bound to perform for the other’s benefit, and, in the case of conventional obligations, a cause.
What does Vinculum mean?
1 : a unifying bond : link, tie. 2 : a straight horizontal mark placed over two or more members of a compound mathematical expression and equivalent to parentheses or brackets about them.
What is legal tie?
A juridical tie, legal tie or the vinculum – it is that which binds the parties to the obligation. It is otherwise known as the efficient cause. Example: “X” promised to design and create a computerized appliance controller system for “Y” for one million pesos by virtue of contract signed by them.
What is obligee mean?
one to whom another is obligated