Quick Answer: What Is A Facultative Obligation?

What is alternative and facultative obligation?

Answer: Alternative Obligations is on wherein various prestations are due but the performance of one.

of them is sufficiently determined by choice which, as a general rule, belongs to the debtor, while is.

Facultative Obligations is where only one prestation has been agreed upon but the obligor may render..

What is alternative obligation?

An obligation is alternative when two things are equally due, under an alternative. The obligor is bound to render only one of two or more items of performance. Where a person engages to do, or to give several things the payment of one will acquit him of all.

Which obligation is not demandable at once?

Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.

What is the effect of solidary obligation?

A solidary obligation is almost always an advantage for a creditor because it will either allow any creditor to demand the entirety of the debt from the sole debtor when the solidarity is active, or it will allow the creditor to demand the entirety of the debt from any of the multiple debtors when it is passive.

What means compensation?

Compensation is the total cash and non-cash payments that you give to an employee in exchange for the work they do for your business. … Compensation is more than an employee’s regular paid wages. It also includes many other types of wages and benefits. Types of compensation include: Base pay (hourly or salary wages)

What is simple obligation?

SIMPLE OBLIGATION. … An unconditional obligation, one which is to be performed without depending upon any event provided by the parties to it. A Law Dictionary, Adapted to the Constitution and Laws of the United States.

What is joint obligation?

Joint Obligation– where the whole obligation is to be paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors. This is the presumption in all collective obligation unless solidarity is expressly stated.

What is a pure obligation?

A pure obligation is one that is demandable at once because it does not depend upon a future or uncertain event, not on a past event unknown to the parties and is not an obligation with a resolutory condition. A simple promissory note to pay certain amount within a certain period is an example of a pure obligation.

What are the elements of an obligation?

The elements of an obligation are: the parties, an object, the relationship by virtue of which one party is bound to perform for the other’s benefit, and, in the case of conventional obligations, a cause.

What is the difference between joint and solidary obligation?

They relate to performances which by their nature have to be rendered in common by several debtors, bound to the creditor by a single contract. A joint obligation is distinguished from a solidary obligation in that the creditor in a joint obligation can take action only against all the debtors together.

What is a generic obligation?

A generic term for any type of legal duty or liability. It refers to a legal or moral duty that an individual can be forced to perform or penalized for neglecting to perform. … An absolute obligation is one for which no legal alternative exists since it is an unconditional duty.

What is facultative compensation?

2. Legal compensation – when it takes place by operation of law even without the knowledge of the parties. 3. Facultative compensation – when it can be set up only by one of the parties.

What are the 5 sources of obligation?

Article 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi‐contracts; (4) Acts or omissions punished by law; and (5) Quasi‐delicts. Sources of Obligations Law — when they are imposed by law itself.

What is obligation and examples?

The definition of an obligation is something that someone is required to do. An example of obligation is for a student to turn in his homework on time every day.

What are the two kinds of parties to an obligation?

They are: the obligor: obligant duty-bound to fulfill the obligation; he who has a duty. the obligee: obligant entitled to demand the fulfillment of the obligation; he who has a right.

What is joint indivisible obligation?

Joint indivisible obligation. an obligation where the debtors or creditors are jointly bound but the prestation or object is indivisible. Characteristics of Joint Indivisible Obligation: CREDITORS MUST ACT COLLECTIVELY.

What is the meaning of Novation?

Novation is the act of substituting a valid existing contract with a replacement contract, where all concerned parties mutually agree to make the switch.

What type of obligation has only one prestation?

Facultative obligationFacultative obligation, concept – A facultative obligation is an obligation where only one prestation has been agreed upon but the debtor may render another in substitution.

What are the kinds of obligations?

Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional…Section 1: Pure and Conditional Obligation. … Section 6: Obligation with a Penal Clause. … Section 2: Obligations with a Period. … Section 3: Alternative Obligation. … Section 4: Joint and Solidary Obligations. … Section 5: Divisible and Indivisible Obligation.

What are the 4 elements of obligation?

Every obligation has four essential elements: an active subject; a passive subject; the prestation; and the legal tie.

Requisites of Compensation A legal compensation requires: that both parties must be mutually creditors and debtors to each other and be bound principally. that both debts must consist in sum of money or if consumable, of the same kind or quality. … that the debts are allowed by law.