MIDTERM EXAMINATION
OBLICON
1. Give 10 classification/kinds of obligation. (10pts)
1) Pure Obligation
2) Conditional Obligation
3) Obligation with a period
4) Alternative Obligation
5) Facultative Obligation
6) Joint Obligation
7) Solidary Obligation
8) Divisible Obligation
9) Indivisible Obligation
10) Obligation with a Penal Cause
2. Differentiate pure from conditional obligation. Give at least two differentiations.
(5pts)
A pure obligation is one which is not subject to any condition and no specific
date is mentioned for its fulfillment and is, therefore, immediately
demandable. While a conditional obligation is one whose consequences are
subject in one way or another to the fulfillment of a condition. Also, condition
is a future and uncertain event, upon the happening of which, the effectivity
or extinguishment of an obligation (or rights) subject to it depends.
3. Differentiate Resolutory from Suspensive Condition. (5pts)
Resolutory condition (condition subsequent) is the fulfillment of which will
extinguish an obligation (or right) already existing. While suspensive condition
(condition precedent or condition antecedent) is the fulfillment of which will
give rise to an obligation (or right). In other words, suspensive condition is the
demandability of the obligation is suspended until the happening of a future
and uncertain event which constitutes the condition.
4. What is purely potestative condition? Is it valid condition? (5pts)
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. However,
should the obligation to repay also be subject to other conditions that are not
purely potestative, the underlying obligation remains enforceable.
5. When is a condition considered as an impossible? Give at least 2 (5pts)
Condition is considered as an impossible when it is contrary to good customs
or public policy or prohibited by law.
• Physical impossible condition – when they, in nature of things, cannot exist
or cannot be done. For example, I will pay you P15 000 if you can carry 25
socks of sugar on your shoulder.
• Legally impossible condition – when they are contrary to law, morals, good
customs, public order, or public policy. For example, I will give you a car if
you would kill my ex-boyfriend.
6. What is facultative obligation? (5pts)
A facultative obligation is one where only one prestation has been agreed
upon but the obligor may render another in substitution.
7. Discuss alternative obligation. (5pts)
An alternative obligation is one wherein various prestations are due but the
performance of one of them is sufficiently determined by the choice which, as
a general rule, belongs to the debtor. (8 Manresa 176; Art. 1200.) As a general
