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Essential Requisites of an oblgation judicial demand upon the creditor and the latter
a. A passive subject (called debtor or obligor) or failed to comply to such demand.
the person who is bound to the fulfi llment of the
obligation; he who has a duty; 6. Demand by the creditor is not necessary in order
b. An active subject (called creditor or obligee) or that delay may exist in the following instances:
the person who is entitled to demand the fulfi a. When the law expressly so declares
llment of the obligation; he who has a right; b. When the obligation itself so stipulates
c. Object or prestation (subject matter of the c. When time is of the essence
obligation) or the conduct required to be d. When demand is useless as when obligor has
observed by the debtor. It may consist in giving, rendered it beyond his power to perform
doing, or not doing. (see Art. 1232.) Without the e. When there is performance by a party in
prestation, there is nothing to perform. In reciprocal obligations
bilateral obligations (see Art. 1191.), the parties
are reciprocally debtors and creditors; and 7. From the moment a party in reciprocal obligations
d. A juridical or legal tie (also called effi cient fulfi lls or is ready to fulfi ll his obligation, delay by
cause) or that which binds or connects the the other begins. Where the parties fi x a period for
parties to the obligation. The tie in an obligation the performance of their reciprocal obligations,
can easily be determined by knowing the neither party can demand performance nor incur in
source of the obligation. (Art.1157.) delay before the expiration of the period.
13. The distinctions between a condition and a term or 15. Abe is already in ordinary delay but according to
period are as follows: the civil code in order that Abe be in legal delay or
a. As to fulfillment. — A period is a certain event default or mora demand, judicial or extra-judicial, is
which must happen sooner or later at a date necessary. The foregoing facts of the case do not
known beforehand, or at a time which cannot show the instances where demand is not needed in
be determined, while a condition is an uncertain order for one to be in legal delay.
event;
b. As to time. — A period refers only to the future, 16. The action will not prosper. Carlo cannot compel
while a condition may refer also to a past event Derek to pay through the court because the period
unknown to the parties; stipulated in the obligation has not come therefore
c. As to influence on the obligation. — A period the obligation has no effect yet. The remedy of
merely fixes the time for the efficaciousness of Carlo would be to wait for the period to come or to
the obligation. If suspensive, it cannot prevent go to the court and ask to set the period of the
the birth of the obligation in due time; if obligation
resolutory, it does not annul, even in fiction, the
fact of its existence. On the other hand, a
condition causes an obligation to arise or to
cease. Because of this difference, a period
does not carry with it, except when there is a
stipulation expressly made by the parties, the
same retroactive consequences that follow a
condition;
d. As to effect, when left to debtor’s will. — A
period which depends upon the will of the
debtor empowers the court to fix the duration
thereof, while a condition which depends upon
the sole will of the debtor invalidates the
obligation; and
e. As to retroactivity of effects. — Unless there is
an agreement to the contrary, the arrival of a
period does not have any retroactive effect,
while the happening of a condition has
retroactive effect.