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Oblicon 1193 1198 Essay

1510 words - 7 pages

OBLIGATIONS AND CONTRACTS

Article 1193
• Obligations for whose fulfillment a day certain has been
fixed, shall be demandable only when that day comes
• Obligations with a resolutory period take effect at once,
but terminate upon arrival of the day certain.
• A day certain is understood ti be that which must
necessarily come, although it may not be known when.
• If the uncertainty consists in whether the day will come
or not, the obligation is conditional, and ut shall be
regulated by the rules of the preceding section

Article 1193
Concept
a) Period – a space of time which has an
influence on obligations as a consequence
of juridical act, and either suspends their
...view middle of the document...

b) As to influence on the obligation
A condition causes an obligation to arise or to
cease; While a period merely fixes the time of the
efficaciousness of an obligation.
c) As to time
A condition may refer to the future or past event
unknown to the parties, while a period always refers to
the future

Article 1194
• In case of loss, deterioration or
improvements of the thing before the
arrival of the day certain, the rules in
Article 1189 shall be observed.

Article 1195
• Anything paid or delivered before the
arrival of the period, the obligor being
unaware of the period or believing that the
obligation has become due and
demandable, may be recovered, with the
fruits and interests.

Article 1195
Effects of payment before arrival of the period
a) Payment by mistake
The debtor can recover what before the arrival of
the period he has paid by mistake together with the fruits
and interests, Thus, if an obligation is payable on Dec,
31, 2004 the debtor and it is paid by mistake on Dec. 30,
2004, the debtor can recover the amount paid plus
interest from the date of payment.
b) Payment with knowledge of the period
If the payment was made with knowledge of the
period, the period is deemed waived, and the debtor can
no longer recover what has been paid.

Article 1196
• Whenever in an obligation a period is
designated, It is presumed to have been
established for the benefit of both the
creditor and the debtor, unless from the
tenor of the same or other circumstances it
should appear that the period has been
established in favor of one or of the other

Article 1196
Party benefited by a period
Generally, a period is for the benefit of both parties,
unless otherwise stipulated.
Period for the benefit of both parties
If the period is for the benefit of both parties, the debtor
not the creditor cannot demand fullfillment of the
obligation before the arrival of the period. Hence, If I
promise to pay you P10,000 with 10% interest on Dec.
31, 2006. you cannot demand payment neither can I
compel you to accept P10,000 before Dec. 31, 2006.
The obligation is payable on Dec. 31, 2006

Article 1196
Period for the benefit of the debtor
If the period is for the sole benefit of the debtor,
he cannot be compelled to pay before the arrival
of the period, but may compel the creditor to
accept the payment even before the period
expires. Thus, if the obligation is payable within
a certain number of years the debtor can pay at
any time but cannot be compelled to pay before
the period has arrived.

Article 1197
• If the obligation does not fix a period, but from its
nature and the circumstances it can be inferred
that a period was intended. The courts may fix
the duration thereof.
• The Courts shall also fix the duration of the
period when it depends upon the will of the
debtor.
• In every case, the courts shall determine such
period as may under the circumstances have
been probably...

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