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Real Obligation- is that which the subject matter is a thing which the obligor must

deliver to the oblige.


Personal Obligation- is that which the subject matter is an act to be done or not
to be done.
Personal Right- is the right or power of a person to demand from another, as a
definite passive subject, the fulfilment of the latters obligation to give, to do or not
to do.
Real Right- is the right or interest of a person over a specific thing, without a
definite passive subject, against whom the right may be personally enforced.
Generic Real Obligation- which can be performed by a third person since the
object is only expressed according to its family or genus.
Ordinary Delay- is merely the failure to perform an obligation on time.
Legal Delay- is a failure to perform an obligation on time which failure constitutes
a breach of the obligation.
Remedies of creditor in real obligation:
Demand specific performance or fulfilment of the obligation with a right to
indemnity for damages.
Demand rescission or cancellation of the obligation also with a right to recover
damages.
Demand for payment of damages only, where it is only the feasible remedy.
Factors to be considered in negligence:
Nature of the obligation
Circumstance of a person
Circumstance of time
Circumstance of place
Classification of obligation
Pure and conditional obligation- pure obligation is an obligation which the subject Is
not a condition and no specific date is mentioned for its fulfilment, and therefore
immediately demandable. Conditional Obligation- is an obligation which the
consequence is subject in one way or another to the fulfilment of a condition.
Obligation with a period- is one whose effect or consequences are subjected in one
way or another to the expiration or arrival of said term or period.
Alternative and Facultative Obligation- alternative obligation is one which several
prestation are due but performance of one is sufficient. Facultative obligation is only
one prestation is due but the debtor may substitute another.
Joint and Solidary Obligation
Divisible and indivisible obligation
obligation with a penal cause.

Condition- is a future or uncertain event, upon the happening which, the effectivety
or extinguishment of the obligation subject to it depends.
Period- is a future or uncertain event, upon the arrival of which the obligation is
subject to it either arises or is extinguished.
Classification of Condition;
As to effect:
Suspensive- the happening gives rise to the obligation
Resolutory- the happening extinguishes the obligation
As to form:
Express- the condition is clearly stated
Implied- the condition is merely inferred
As to possibility
Possible- the condition is capable of fulfilment, legally and physically.
Impossible- the condition is not capable of fulfilment, legally and physically
As to the cause of origin
Potestative- the condition depends upon the will of one of the contracting
parties
Casual- the condition depends upon the chance or the will of a third person
Mix-the condition is partly upon the chance or partly upon the will of a third
person
As to mode
Positive- the condition consist in the performance of an act
Negative- the condition consist in the omission of an act
As to number
Conjunctive- there are several condition all of them must be fulfilled.
Disjunctive- there are several condition, one or some of them must be
fulfilled.
As to divisibility
Divisible- the condition is susceptible of partial performance
Indivisible- the condition is not susceptible of partial performance
Positive condition- the happening of the event is at determinate time.
Negative- event will not happen at determinate time.
Requisites.
The condition is suspensive
The obligor prevents the fulfilment of the obligation
He acts voluntarily.

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