What are different kinds of obligation?
What are different kinds of obligation?
Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional… Condition – uncertain event; every future or uncertain event upon which an obligation or provision is made to depend. Accessory Obligation – attached to a principal obligation and therefore cannot stand alone.
What is the difference between 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 is pure obligation and example?
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?
A conditional obligation is one dependent on an uncertain event. If the obligation may not be enforced until the uncertain event occurs, the condition is suspensive. If the obligation may be immediately enforced but will come to an end when the uncertain event occurs, the condition is resolutory.
What is a Potestative obligation?
An obligation which is subject to a purely potestative condition means that the condition will be fulfilled only if the obligated party chooses to do so.
What are the effects of impossible conditions?
EFFECT OF IMPOSSIBLE CONDITIONS 1 Conditiona l obligation void – impossible conditions annul the obligation which depends upon them therefore both obligation and condition are void. Since the obligor knows the condition cannot be fulfilled, the obligation will not be complied with.
Is a Potestative condition void?
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. A potestative condition depends upon the exclusive will of one of the parties. For this reason, it is considered void.
