Question: What Are The Three Kinds Of 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..

What are alternative obligations?

ALTERNATIVE OBLIGATION An obligation where several prestations are due, BUT the performance of one is sufficient. Debtor/obligor has the right of election (choice); election may also be granted to the creditor/obligee. The loss of one of the things does NOT extinguish the obligation.

How many types of obligation are there?

that means there are two or more creditors entitled to the same obligation or two or more debtors under the same liability. There are three kinds of solidary obligation – i) Several solidary obligations ii) Joint solidary obligation iii) Joint and several solidary obligations.

What are the two kinds of quasi contracts?

Kinds of Quasi Contract(1) SUPPLY OF NECESSITIES (Sec. … (2) PAYMENT BY AN INTERSTED PERSON (sec. … (3) OBLIGATION TO PAY FOR NON-GRATUITOUS ACTS (Sec. … (5) MISTAKE OR COERSION (Sec.

What is solidary obligation example?

For example, if A and B together lend two hundred dollars to C, and it is agreed that each can have the right to seek the whole amount from C upon repayment, C’s obligation to repay the money is solidary for the obligees A and B. Generally, full payment to any of the solidary obligees extinguishes the obligation.

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 are the three 3 types of obligations provided for in the new Civil Code of the Philippines?

Civil obligation – has legal basis; give a right of action to compel its performance.Legal obligation – arises from laws.Conventional obligation – arises from contracts with the force of the law.Penal obligation – arises from delicts and criminal offences.

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.

What are the kinds of impossible conditions?

Impossible conditions cannot be performed; and if a person contracts to do what at the time is absolutely impossible, the contract will not bind him, because no man can be obliged to perform an impossibility; but where the contract is to do a thing which is possible in itself, the performance is not excused by the …

What 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 the obligation is subject to a resolutory period…

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 facultative obligation example?

Facultative Obligation Law and Legal Definition. 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 obligation extinguished?

Obligations are extinguished: (1) By payment or performance; (2) By the loss of the thing due; … The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary.

Can a creditor refuse a payment?

Legal Options for Creditors 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 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 if a creditor refused my offer of payment?

What if my offers are still refused? Your creditors do not have to accept your offer of payment or freeze interest. If they continue to refuse what you are asking for, carry on making the payments you have offered anyway. Keep trying to persuade your creditors by writing to them again.

What is alternative obligation and example?

For example, A agrees to give B, upon a sufficient consideration, a horse, or one hundred dollars. 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.

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 Resolutory obligation?

Resolutory condition refers to a condition whereby, upon fulfillment terminates an already enforceable obligation. It also entitles the parties to be resorted to their original positions.

What is alternative and facultative obligation?

Answer: Alternative Obligations is on wherein various prestations are due but the performance of one. of them is sufficiently determined by choice which, as a general rule, belongs to the debtor, while is. Facultative Obligations is where only one prestation has been agreed upon but the obligor may render.

What is 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 …