Академический Документы
Профессиональный Документы
Культура Документы
Ex Die
In Diem
Definite
Indefinite
Simple obligation - involves one prestation and its due and demandable
Compound obligation- “and” there are several prestation which is due and demandable
A. Conjunctive- “and”
B. Distributive
A. Alternative- “or”
- I have an obligation to deliver a specific car but I may instead a specific truck
- Money is divisible
Indivisible- no partial compliance
- Race horse
-one of the debtor refuse to deliver the specific thing you must know first the value of the
thing.
- the nullity of the principal obligation carries within the nullity of the penalty
But the nullity of the penalty does not carry the nullity of the principal obligation
- If the principal obligation declare as a null and void even the penalty is null and void
-If the penalty declare as a null and void the legality of the penalty will not be affected
If the suspensive condition and period is still not give to the creditor, the debtor is the one
who have the prestation
Debtors fault- creditor will make a choice if its exact fulfillment + damages or
recession+ damages
Debtors fault- debtor has a usufractuary rights- right to enjoy the property
-payment
-condonation
-confusion or merger
-compensation
-novation
-annulment
-rescission
-prescription
Requisites
The debtor fail to furnish the guaranties or securities to the creditor which he promised
The debtor violates any undertaking, in consideration of which the creditor agreed to the period
3 principles of payment