Kinds of Obligations

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

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AT A GLANCE:

There are different kinds of obligations, depending on the classification used:

 

1. If based on the presence or absence of a condition or term (period):
   1. Pure Obligation;
   2. Conditional Obligation;
   3. Obligation with a term or period
2. If based on number of prestations or objects:
   1. Simple Obligation
   2. Compound Obligation
   3. Disjunctive Obligation
      1. i) Alternative Obligation
      2. ii) Facultative Obligation
   4. If based on number of subjects:
   5. Simple Obligation
   6. Joint Obligation
   7. Solidary Obligation
   8. If based on susceptibility to partial performance:
   9. Divisible Obligation
   10. Indivisible Obligation
   11. Obligations with a Penal Clause

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What is an obligation?

 

An obligation is defined in the Civil Code as a juridical necessity to give, to do or not to do. For every right enjoyed by any person, there is a corresponding obligation on the part of another person to respect such right. For every right enjoyed by any person, there is a corresponding obligation on the part of another person to respect such right.

 

In the case of Makati Stock Exchange, Inc., et al., vs. Miguel V. Campos, substituted By Julia Ortigas Vda. De Campos, G.R. No. 138814, April 16, 2009, the Supreme Court, through Justice J.B.L Reyes, offered the definition given by Arias Ramos as a more complete definition: 

 

“An obligation is a juridical relation whereby a person (called the creditor) may demand from another (called the debtor) the observance of a determinative conduct (the giving, doing or not doing), and in case of breach, may demand satisfaction from the assets of the latter.

 

The Civil Code enumerates the sources of obligations:

 

Art. 1157. Obligations arise from:

 

(1) Law;

(2) Contracts;

(3) Quasi-contracts;

(4) Acts or omissions punished by law; and

(5) Quasi-delicts.

 

Therefore, an obligation imposed on a person, and the corresponding right granted to another, must be rooted in at least one of these five sources. The mere assertion of a right and claim of an obligation in an initiatory pleading, whether a Complaint or Petition, without identifying the basis or source thereof, is merely a conclusion of fact and law. A pleading should state the ultimate facts essential to the rights of action or defense asserted, as distinguished from mere conclusions of fact or conclusions of law.”

 

Kinds of Obligations

 

There are different kinds of obligations, depending on the classification used:

1) If based on the presence or absence of a condition or term (period):

1. Pure Obligation
2. Conditional Obligation
3. Obligation with a term or period

 

2) If based on number of prestations or objects:

1. Simple Obligation
2. Compound Obligation
3. Disjunctive Obligation

1. 1. ) Alternative Obligation
   2. ) Facultative Obligation

 

3) If based on number of subjects:

1. Simple Obligation
2. Joint Obligation
3. Solidary Obligation

 

4) If based on susceptibility to partial performance:

1. Divisible Obligation
2. Indivisible Obligation

 

5) Obligations with a Penal Clause

 

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