Obligations are classified in several ways that affect when and how they can be enforced. A pure obligation is one without any condition or period; it is immediately demandable. A conditional obligation depends on a future and uncertain event: a suspensive condition must happen before the obligation takes effect, while a resolutory condition extinguishes the obligation if it happens. An obligation with a period is one whose demandability or extinguishment depends on a day certain (a future and certain event); a suspensive period (ex die) makes the obligation demandable only when the period arrives, while a resolutory period (in diem) ends it upon arrival. In alternative obligations, the debtor is bound to perform one of several prestations but need deliver only one; the right of choice generally belongs to the debtor unless expressly granted to the creditor. In facultative obligations, only one prestation is due but the debtor may substitute another. Obligations may also be joint or solidary, and divisible or indivisible. These classifications matter because they determine when a debt becomes due and enforceable, and what exactly the debtor must perform.
Pure and Conditional
- Pure — no condition or period; immediately demandable;
- Conditional — a suspensive condition must happen before the obligation takes effect; a resolutory one ends it if it happens.
With a Period
An obligation with a period (day certain): a suspensive period makes it demandable only when the period arrives; a resolutory period ends it on arrival.
Alternative and Facultative
Alternative — several prestations, only one to be delivered (choice generally the debtor's). Facultative — one prestation due, but the debtor may substitute another.
Practical Takeaways
- A pure obligation is due now; a conditional one depends on an uncertain event;
- An obligation with a period is due on a certain day;
- Alternative/facultative obligations differ on how many prestations are owed and choice.
Frequently Asked Questions
What is a pure obligation? One without any condition or period. It is immediately demandable.
What is the difference between a suspensive and resolutory condition? A suspensive condition must happen before the obligation takes effect, while a resolutory condition extinguishes the obligation if it happens.
What is an obligation with a period? One whose demandability or extinguishment depends on a day certain, a future and certain event. A suspensive period makes it demandable only when the period arrives; a resolutory period ends it on arrival.
What is the difference between alternative and facultative obligations? In alternative obligations, several prestations are due but only one need be delivered, with the choice generally the debtor's. In facultative obligations, only one prestation is due, but the debtor may substitute another.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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