What is alternative and 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 the meaning of conjunctive obligation?
Conjunctive means joined together or combined. For example, a conjunctive obligation refers to an obligation composed of multiple performances that can be separately rendered or enforced. It is an obligation in which several objects are connected by ‘and ‘and not ‘or.
What is the meaning of alternative obligation?
An obligation is alternative when two things are equally due, under an alternative. Usually, when an obligation is alternative, the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the oblige.
What are the kinds of obligations?
Different Kinds of Obligation (Primary) (Section 1: Pure and…
- 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 is a pure obligation?
A pure obligation is a debt which is not subject to any conditions and no specific date is mentioned for its fulfillment. A pure obligation is immediately demandable. It is an obligation with respect to which no condition precedent remains which has not been performed.
What is a divisible obligation?
Divisible obligation. obligation in which the object, in its delivery or performance, is capable of partial fulfillment. Indivisible obligation. an obligation in which the object, in its delivery or performance, is NOT capable of partial fulfillment. Purpose of the obligation / intention of the parties.
What is Potestative obligation?
An obligation which is subject to a purely potestative condition means that the condition will be fulfilled only if the obligated party chooses to do so.
What are the kinds of obligation?
What are the 2 classification of obligations?
according to the number of parties: Individual obligation – there is one debtor and one creditor. Collective obligation – there are two or more debtors and two or more creditors. Joint obligation – the prestation is divided among each debtor and/or the demand for it is divided among each creditor.
Which is an example of a facultative obligation?
In such type of obligations there is no alternative provided. The debtor is given the right to substitute the thing due with another that is not due. The following is an example of a case law (Louisiana) differentiating between Facultative obligation and Alternative Obligation:
Which is the best definition of a facultative obligatory Treaty?
Facultative Obligatory Treaty — the hybrid between the facultative versus treaty approach. It is a treaty under which the primary insurer has the option to cede or not cede individual risks. However, the reinsurer must accept any risks that are ceded. Links for IRMI Online Subscribers Only: RF V.B
Which is the best definition of facultative insurance?
(Insurance) insurance denoting a form of reinsurance in which the reinsurer has no obligation to accept a particular risk nor the insurer to reinsure, terms and conditions being negotiated for each reinsurance 4.
Can a creditor be compelled to perform a facultative obligation?
FACULTATIVE OBLIGATION person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking. (1131) Ang taong kahaliling mananagot sa ibat-ibang kabayaran o pananagutan ay kailangan kumpletong isagawa ang isa sa kanila.