Question: Which Obligation Is Not Demandable At Once?

What is Resolutory condition?

RESOLUTORY CONDITION.

On which has for its object, when accomplished, the revocation of the principal obligation; for example, I will sell you my crop of cotton, if my ship America does not arrive in the United States, within six months..

What is positive condition?

A positive condition in the law refers to an event that is to take place in order for a condition to be met, as opposed to the non-occurrrence of an event, which would be a negative condition. For example, “if I have children'” is a positive condition and “if I don’t have childen” is a negative condition.

What is Resolutory period?

“resolutory period” – period upon the arrival of which the obligation terminates Obligation with a Period. “Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain.” – Article 1193, Civil Code Obligation with a Period.

What are the 5 sources of obligation?

Obligations arise from: (1) Law; (2) Contracts; (3) Quasi‐contracts; (4) Acts or omissions punished by law; and (5) Quasi‐delicts. Sources of Obligations Law — when they are imposed by law itself.

What are the 4 elements of obligation?

Every obligation has four essential elements: an active subject; a passive subject; the prestation; and the legal tie. The ACTIVE SUBJECT is the person who has the right or power to demand the performance or payment of the obligation. He is also called the obligee or the creditor.

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 pure and conditional obligation?

Pure obligation is one free from any condition and there is no period of fulfillment, thus it is immediately demandable. Conditional obligation is one where its fulfillment is upon the condition stipulated. Condition is a future and uncertain event which can draw the effectivity or extinguishment of an obligation.

Is D legally justified to refuse to pay C?

Is D legally justified torefuse to pay C? No, because when D loaned from C, he entered a voluntary agreement and he was willing and the contract is valid.

Can a creditor refuse a payment?

Creditors can legally refuse partial payments and demand payment in full, including interest and extra charges like late fees. There are no laws that require them to accept your payments or partial payments. Some creditors are more willing to work with you than others.

What is Accion Subrogatoria?

ACCION SUBROGATORIA – an action where the creditor whose claimes had not been fully satisfied, may go after the debtors (third persons) of the defendant-debtor. ANNUITY – is any continuing payment with a fixed total amount.

What are the three kinds of obligation?

Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional…Section 1: Pure and Conditional Obligation. … Section 6: Obligation with a Penal Clause. … Section 2: Obligations with a Period. … Section 3: Alternative Obligation. … Section 4: Joint and Solidary Obligations. … Section 5: Divisible and Indivisible Obligation.

When an obligation is demandable at once?

An obligation is demandable at once if it is pure obligation which one is not suspended by any condition, whether it has been contracted without any condition, or when thus contracted, the condition has been performed. It is immediately demandable.

When there are several conditions in an obligation but only one must be performed?

Conjunctive – when there are several conditions in an obligation and all of which must be performed. Alternative – when there are several conditions in an obligation but only one must be performed. As to form : Express – when the condition is expressly stated.

What must a debtor do to be released from his obligation?

If the creditor to whom tender of payment has been made refuses without just cause to accept It, the debtor shall released from responsibility by the consignation of the thing or sum due. When the title of the obligation has been lost. …

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. …