Law on Obligations and Contracts: Joint and Solidary Obligations

Vocabulary practice cards covering the key concepts of joint and solidary obligations, types of conditions, and performance of obligations as outlined in the law lecture.

Joint Obligation

An obligation where each debtor is liable only for his share, and each creditor can collect only his share.

Solidary Obligation

An obligation where any debtor may be required to pay the whole obligation, often described as "one for all all for one."

Divisible Obligation

An obligation that can be partially performed, such as paying $₱100,000$ in installments.

Indivisible Obligation

An obligation that cannot be partially performed because of the nature of the thing, such as delivering one horse, one car, or one piano.

Joint Indivisible Obligation

A combination of many debtors who are jointly liable for a prestation that cannot be divided.

Insolvency of Co-Debtor (Solidary)

If a solidary debtor becomes bankrupt and cannot pay, the debtor who paid the whole obligation bears the loss proportionately unless there are more debtors.

Remission or Condonation

The act where the creditor voluntarily forgives the debt.

Specific Thing

A determinate or specific object, such as "My specific horse" or "My Toyota Fortuner plate no. ABC123."

Generic Thing

Refers only to a class or kind, such as "100 sacks of rice," governed by the principle "Genus never perishes."

Limited Generic Thing

When goods are confined to a specific group, such as "100 sacks marked for B in Warehouse A."

Delay (Mora)

When a debtor is late in performing an obligation after it has become due and the creditor has demanded performance.

Tender of Payment

The act where the debtor offers the payment to the creditor.

Consignation

The act of depositing money or a thing in court when a creditor refuses to accept payment without reason.

Fortuitous Event

An event impossible to foresee or avoid, such as an earthquake, lightning, typhoon, or flood.

Suspensive Condition

A condition where the obligation arises only upon the happening of the condition, such as "I will pay if I pass the CPA exam."

Constructive Fulfillment

A situation where the condition is deemed fulfilled because the debtor voluntarily prevents it from happening.

Potestative Condition

A condition that depends solely on the will of the debtor, which is considered VOID.

Casual Condition

A condition that depends on chance or a third person, such as "If it rains tomorrow."

Mixed Condition

A condition that depends partly on the debtor's effort and partly on outside factors/examiners.

Alternative Obligations

An obligation where several prestations are due but the performance of only one is enough.

Obligations with a Period

Obligations where demandability depends on the arrival of a specific date, such as "July 1."