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These flashcards cover key concepts and articles pertaining to pure, conditional, and periodic obligations in civil law.
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Article 1179
An obligation that does not depend on a future or uncertain event is demandable at once.
Pure Obligation
An obligation without any condition or term upon which the fulfillment depends.
Conditional Obligation
An obligation that depends upon a future and uncertain event.
Suspensive Obligation
An obligation that can only be fulfilled after a specific condition has been met.
Resolutory Obligation
An obligation that is extinguished upon the occurrence of a specific condition.
Period
A future and certain event upon the arrival of which an obligation arises or is extinguished.
Suspensive Condition
A condition where if the event does not occur, there is no obligation to fulfill.
Resolutory Condition
A condition that, when fulfilled, ends an existing obligation.
Negative Condition
A condition that must not happen for the obligation to become effective.
Obligor
The party in an obligation who is required to fulfill the obligation.
Retroactive Effect
The effect of a fulfilled condition that applies retrospectively to the day the obligation was constituted.
Mutual Restitution
The return of what was received by each party upon the fulfillment of a condition that extinguishes an obligation.
Alternative Obligation
An obligation where various prestations are due, but the performance of one is sufficient.
Facultative Obligation
An obligation where only one prestation is due, but the debtor may render another in substitution.
Debtor's Right of Choice
The right of the debtor to choose among alternative performances.
Key Difference of Period vs. Condition
A period is a future and certain event; a condition is a future and uncertain event.
Key Points of Obligation
Obligations may be void based on the control of the debtor, impossibility, legality, or conditions present.
Protection of Rights
The creditor may take steps to protect their interests before the fulfillment of a condition.
Insolvency and Period Loss
The debtor loses the right to a period if they become insolvent after the obligation is contracted.