Law 1

Mariole Anne G. Reyes Law1 SAT 8-11am Mr. Hemedes Pure Obligation Obligation does not contain any term or condition upon which the fulfillment of such obligation by the debtor should depend. A pure or simple obligation is one which is not suspended by any condition, either because it has been contacted without condition or having been contracted with one, it has been fulfilled. Conditional Obligation A conditional obligation is one the execution of which is suspended by a condition which has not been accomplished and subject to which it has been contracted Classification of Obligation As to Effect: Suspensive Resolutory As to Cause: Potestative Casual Mixed As to Divisibility: Divisible or Indivisible As to a Number: Conjunctive or Disjunctive

An alternative obligation is, where a person engages to do, or to give several things in such a manner that the payment of one will acquit him of all; as if A agrees to give B, upon a sufficient consideration, a horse or one hundred dollars A joint obligation is one by which several obligors promise to the obligee to perform the obligation. When the obligation is only joint and the obligors do not promise separately to fulfil their engagement they must be all sued, if living, to compel the performance; or, if any be dead, the survivors must all be sued. A divisible obligation is one which being a unit may nevertheless be lawfully divided with or without the consent of the parties. It is clear it may be divided by consent, as those who made it, may modify or change it as they please. But some obligations may be divided without the consent of the obligor; as, where a tenant is bound to pay two hundred dollars a year rent to his landlord, the obligation is entire, yet, if his landlord dies and leaves two sons, each will be entitled to one hundred dollars; or if the landlord sells one undivided half of the estate yielding the rent, the purchaser will be entitled to receive one hundred dollars, and the seller the other hundred. solidary obligation :an obligation under which any of two or more obligors can be held liable for the entire performance (as payment of a debt) Solidary obligation is similar to joint and several liability in common law.

As to Mode: Positive or Negative

condition

As to Form: Express or Implied

:an uncertain future act or event whose occurrence or nonoccurrence determines the rights or obligations of a party under a legal instrument and esp. a contract

As to Possibility: Possible or Impossible Obligation Demandable at once: 1. Pure Obligation 2. Obligation with a resolutory condition 3. Obligation with a resolutory period

(n) 1

also :a clause in the instrument describing the act or event and its effect