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Article 1193
Obligations for whose fulfilment a day certain has been
fixed, shall be demandable only when that day comes.
PERIOD
Length of time which determines the
effectivity or the extinguishment of the
obligation
Ú IS IT IMPORTANT?
There are obligations you can do, but you
need time.
Obligations with a period answers the
question Ú EN.
UESTION 1:
In case that the the thing was lost without
the fault of the debtor, what will happen
to the obligation?
OBLIATION IS EXTINUIS ED
UESTION 2:
In case that the thing deteriorates with fault
of the debtor, what will happen to the
obligation?
RESCISSION OR FULFILLMENT OF
OBLIATION ÚIT INDEMNIT FOR
DAMAES
UESTION 3:
In case the thing is improved by nature or
time, what happens to the obligation?
IMPROVEMENT OF OBLIATION FOR
T E BENEFIT OF T E CREDITOR
Article 1195
Anything paid or delivered before the
arrival of the period, the obligor being
unaware of the period or believing that
the obligation has become due and
demandable, may be recovered, with the
fruits and interests. (1126a)
Same as article 1188 but the presumption
is that
as u u
because it is physically
impossible to recover the service
rendered
Article 1196
Úhenever in an obligation a period is
designated, it is presumed to have been
established for the benefit of both the
creditor and the debtor, unless from the
tenor of the same or other circumstances
it should appear that the period has been
established in favor of one or of the other.
(1127)
The benefit must be made so that it would be
fair for both debtor and creditor.
In this case, it is likewise stated that the debtor
may only pay his/her debt only at the date of
maturity or at the actual date stipulated.The
same also applies to the creditor where he/she
cannot demand payment from the borrower
before the deadline.
Unless, there is consent between both parties
where it is agreed upon that payment due can
be paid ahead of time.
Example: Debtor owes Creditor 1000 pesos
when the former borrowed money from the
latter on January 1st and must be paid on
December 31st. As such, if there is no consent
and/or is not stated in the contract, debtor
cannot pay back creditor before December 31
and conversely, creditor cannot demand that
debtor pay him before the due date.
UESTION1
The court may fix the period if from the
nature and circumstances of the
obligation it can be inferred that a period
was intended?
TRUE
TRUE OR FALSE:
UESTION 2
It is physically possible to recover service
rendered for obligations to do.
FALSE
Úhen the debtor loses the benefit of using
the period,
UESTION 3
Úhat will happen to his right to the
period?
LOSES T E RI T TO USE T E
PERIOD
Úhen the debtor loses the benefit of using
the period,
UESTION 4
Úhat will happen to the period or term?
PERIOD OR TERM ÚILL BE
EXTINUIS ED
Úhen the debtor loses the benefit of using
the period,
UESTION 5
Úhat will happen to the obligation?
OBLIATION IMMEDIATEL
BECOMES DEMANDABLE