Page 22 - Obligations & Contracts Module 1-2
P. 22

IRREGULARITY OF PERFORMANCE/BREACH




                   Different Kinds of Obligations :

                          (1) Pure             – demandable at once, no term, no condition


                          (2) Conditional – a future and an uncertain event or a past event unknown to


                                                                 the parties

                          (3) With a period – future & certain, past & uncertain, payable when able




                                  *When stipulation says “payable when able “ – it is with a period-remedy:


                                            a) agreement among parties


                                            b) court shall fix period of payment when parties unable to agree




                                 Kinds of Obligation (With a period):




                                 a. Resolutory ( in diem ) – takes effect at once but terminate upon arrival


                                       of  the  day  certain;  Day  certain  –  that  which  must  necessarily  come,

                                       although it may not be known when.


                                 b.  Suspensive  (  ex  die  )  –  takes  effect  on  the  day  stipulated;  the

                                       happening of a condition gives rise to an obligation
   17   18   19   20   21   22   23   24   25   26   27