Text of the provision
Art. 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 contemplated by the parties. Once fixed by the courts, the period cannot be changed by them.
(1128a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.
What this article means
The article a contract without a deadline routes to. Where the obligation fixes no period but its nature and the circumstances show that one was intended, the court may fix the duration; it must also do so where the period was left to the will of the debtor. The court does not invent a term it likes — it sets the period the parties probably contemplated. And once the court has fixed it, the court cannot change it.
Related provisions
- Article 720 — The Finder's Reward.
- Article 1199 — Alternative Obligations Need One Complete Performance.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.