Business Law on Obligations and Contracts
MGT 205
SEMIFINALS ACTIVITY 1- My individual report contribution and my own explanatory in
each kind of obligationns
Name: Jessica E. Goyagoy Date: March 20, 2021
Subject/Section: BUSLAW OBLICON Schedule: 5:30-8:30
I. Individual: Research for transactions that would show each kind of obligation. The
transaction can be a case, a video, an audio or any kind of media for as long as it will
faithfully show each kind of obligation. You should always make sure that you are
referring.
A. Pure obligation
a) Pure obligation is the obligation with no condition and period.
i. According to the video I gathered, there is a situation where in
the antagonist named Cuu Cuu that invited by her co-workers to
eat together inside the restaurant. Then, Cuu Cuu (antagonist or
the debtor) insists to pay the money, but supposedly the money
she is referring to pay is the bill of their orders. Therefore, the
debtor wants to pay the bill.
The pure obligation in the situation is Cuu Cuu bound herself to pay the
money or the order bill with no any condition and period.
B. Conditional obligation
a) From my perspective, conditional obligation is the debtor has an
obligation to fulfill and obligation in future and uncertain or not sure
event to happen.
Conditional obligation has two sub-kinds which are suspensive and
resolutory conditional obligation.
i. In the video that I found on Facebook, the owner of the house
decided to collect money to the debtor. The owner of the house
caught the debtor drunkenly after the debtor opened the door to
figure out who is the person knocking her door. The owner of
the house does not hesitate, and bravely collect the rent in
previous and current quarter’s money to the debtor. The owner
of the house also gives a condition, if the debtor cannot paid the
rent the debtor should clean the owner’s house. But, the debtor
refuses to clean the house in particular reason for
circumstances it is not her own house. To end the conversation
between the owner of the house (creditor) and debtor, the debtor
spilled out a words to the owner of the house that saying
“Tomorrow I will pay, and move away”.
The conditional obligation of the debtor is she will pay the rent tomorrow.
The reason why the statement became conditional is because the day of
obligation to pay the rent by the debtor is uncertain. The tomorrow is
considered as uncertain because tomorrow is not literally or exactly saying
a specific date or certain happening. Therefore, the obligation is
conditional.
b) The sub-kind of conditional obligation appears in this statement is
suspensive condition. As I have learned in the previous lesson,
suspensive condition is considered that debtor will give rise of an
obligation to do or to pay uncertainly.
i. Back in the case, the debtor said, “Tomorrow I will pay”. The
debtor has a suspensive conditional obligation because she
will only pay the rent once tomorrow or an uncertain
happening comes.
c) The second sub-kind conditional obligation is resolutory. As I have
learned last week in subject of OBLICON, resolutory is derive from the
word resolved or solve meaning it was done, fulfilled, or extinguished.
In addition, it is opposite in the first sub-kind of obligation which is the
suspensive because suspensive obligation, only appear debtor’s
obligation in the future whilst the resolutory obligation is currently
appearing or fulfilling debtor’s obligation and extinguish in future.
i. Example of conditional obligation that has a sub-kind resolutory
condition is ex. A promises to pension B in the amount of five
thousand per month until such time that she gets married.
The reason why the example above is resolutory condition is because there
is an uncertain obligation that A (debtor) will be giving a monthly 5,000
amount help support or pension to B (creditor) when she gets married, and
that obligation by the A (Debtor) supposedly or assumedly to stop,
extinguished, done, or fulfilled until the said uncertain condition is happen.
C. Obligation with a period
a) This is opposite to conditional obligation, because in obligation with
period is fulfilling obligation with date that provided by the debtor. In
short, it is the obligation that clearly shows when it will fulfill or
extinguish in certain way.
i. Example I promise to pay Mr. Algy Riguer, the amount of ten
thousand pesos (10,000) on January 30, 2019.
The obligation with a period in the example I (debtor) bind himself or
herself or promised to pay an amount with a due date on January 30, 2019
to Mr. Algy Riguer. The reason why it was considered as obligation with
period the particular reason for circumstances there is a certain date stated
by I (debtor).
D. Alternative and facultative obligation
a) From my point of view, alternative obligation is the one party or debtor
must have several choices to give or offer in creditor, and debtor must
accomplish only one among the choices he or she offered or gave in
able to accomplish his or her obligation.
A is obliged to give B this car or this ring or this cigarette case. Nothing is
said in the contract as to who was given the right of choice. Suppose B selects the
car.
EXPLANATION: It is alternative because aside from using the word “or” the
debtor has the rights to make a choice.
b) Facultative Obligation is when the debtor will find a substitute obligation
or another way to perform or in able to accomplish the obligation. This
Facultative obligation is different in alternative obligation, because in
facultative there are only one option or choice to perform or to
substitute by the debtor, unlike in the alternative there are three or more
choices. In addition, in alternative the debtor have a will to have or
provide choices and choose whilst in facultative, the debtor have a will
to substitute.
I will give Alden my IPhone 12 but I may give my Macbook Air as a substitute.
E. Joint and solidary obligation
a) From my own understanding and what I have learn in a previous online
class, joint obligation is paid or performed proportionately by each
debtor, and demandable proportionately by each creditors.
i. A and B are joint debtors of C to the amount of P1,000,000. C can
demand only P500, 000 from A, and only P500,000 from B.
The joint obligation of debtors is 1 million, so since it its joint
obligation, the joint creditor which is C can collect only half amount in
each debtor. Therefore, C or creditor can collect a 500,000 or half
million from A, and C can also collect a 500,000 or half million to
another debtor which is B. C demanded proportionately a half million
pesos in each debtor to collect the overall amount of 1,000,000 pesos.
b) Solidary obligation means from the word itself “solid” meaning
entireness. Solidary and joint obligation are quite confusing, but there
are keywords to understand the both and avoid confusing. In joint
obligation, the keyword is proportionately whilst the solidary obligation
keyword is entireness. In addition, the creditor have a rights to collect a
whole amount debt from only one debtor in a group of debtor.
i. A and B are solidary debtors of C to the amount of P1,000,000. C
can demand the whole P1,000,000 from A.
The solidary obligation of debtors is 1 million pesos amount, since it is
solidary obligation, the solidary creditor which is C can gather a full or
solid amount to A solidary debtors or B solidary debtors. Among
debtors can be chosen to pay the whole amount and not a half amount
to C (creditor).
F. Divisible and invisible obligation
a) From my own understanding in last week discussion, divisible obligation
can be fulfill little by little or partially in the obligation whether delivery
or performance.
i. D agreed to pay C P2, 000.00 in four equal monthly installments.
The divisible obligation in the example is D bound herself/himself
to pay 2,000 pesos in four equal monthly installments. The
debtor, pay equal monthly installment partially.
b) Invisible Obligation is an obligation to deliver or perform that must not
fulfill by partially or little by little, or in adequate fulfillment.
i. S obliged himself to deliver to B a specific car on November 15.
The indivisible obligation in the example is the debtor obligation to
deliver, because delivery cannot be fulfilled partially like on November
15 the debtor will only deliver specific parts of car but not the whole, or
complete, or ready to drive car.
G. Obligation with penal cause
a) As I have remembered, penal clause obligation has two parts: first is
principal, and second is accessory. The obligation itself in penal clause
is considered as the first part of it which is principal obligation whilst
the penal clause is considered as the penal clause itself
i. If student (debtor) full payment is not received by cashier
(creditor) the due date: like for example debtor supposedly pay
tuition fee the full amount 24,000 on February 13, 2021, a late
payment by the debtor will having a penalty of 1% of the amount
past due may be assessed.
The principal obligation in the example is the payment of 24,000 in
February 13, 2021, and the penal clause is the interest or penalty of
1%.
References:
Pure Obligation
Facebook Page Strawberry Jam, (2020) “Kindness must put the right
people in the right place”
https://fb.watch/4iEUWqiBY6/ 0:17
Conditional obligation
Facebook Page Strawberry Jam, (2020) “Rental House”
https://fb.watch/4iC0RtDok-/ 0:41
Bryan F. (2019). SECTION 1. PURE AND CONDITIONAL OBLIGATIONS:
Obligation and contracts
https://jurisdoctor1a.wordpress.com/2019/02/21/section-1-pure-and-
conditional-obligations/?fbclid=IwAR39y6pWzk1T0lCXb-
Wyv0USge3aYOLnnxOACtDZliJ-vDYW4YIEQTSzHNA\
Obligation with period
Laguna State Polytechnic University (2019) SECTION 2. OBLIGATIONS
WITH A PERIOD: Obligation and contracts
https://jurisdoctor1a.wordpress.com/2019/02/21/section-2-obligations-
with-a-period/
Alternative Obligation
Facebook Page Strawberry Jam, (2020) “Those Who Are Unconscious
in Public Deserve More Retribution Than” 3:18
Joint and solidary obligation
Laguna State Polytechnic University (2019) SECTION 4. Joint and
Solidary Obligation: Obligation and contracts
https://jurisdoctor1a.wordpress.com/2019/02/21/section-4-joint-and-
solidary-obligations/
Divisible and invisible
Laguna State Polytechnic University (2019) SECTION 5. Divisible and
invisible: Obligation and contracts
https://jurisdoctor1a.wordpress.com/2019/02/21/section-5-divisible-and-
indivisible-obligations/
Obligation with penal cause
Standford Uniiversity (2021), Late Fees and Penalties: Student Financial
Service
https://sfs.stanford.edu/student-accounts/understanding-your-student-
account/late-fees-and-penalties?
fbclid=IwAR0E7zy4noZPNMgLAW2nAeAGc6a2RGLLbp2UFVm_fY3NcBI
2VEiD2JN5rRc
