Classification and Requirements of Legal Obligations

Classification of Civil and Commercial Obligations

Joint and Several Obligations

Joint (Mancomunada)

This occurs when there are two or more creditors or two or more debtors in a compulsory relationship. The provision is divided:

• Each obligor is only required to meet part of the provision.
• The creditor(s) cannot require any single debtor who has met their part to fulfill the entire benefit.
• If the obligation is inherently indivisible, it must be considered Joint and Several (Solidaria).

Joint and Several (Solidaria)

Involves several people acting as both debtor and creditor. This structure governs the internal relationship between debtors and creditors:

• Any creditor may require a debtor to fulfill the whole provision.
• The debtor who has paid the entire debt may seek reimbursement from the other debtors for their fair share of the benefit.
• If one debtor is insolvent, the remaining debtors are required to cover the insolvent party's share of the provision.

Positive and Negative Obligations

These are classified based on the nature of the required performance:

• Positive Obligation: When the benefit involves a given action, such as delivering something or performing a service (to give or to do).
• Negative Obligation: When the benefit requires inaction, such as refraining from giving or refraining from doing something (not to give or not to do).

Generic and Specific Obligations

Generic Obligations

An obligation is generic when the object is determined only on the basis of the genus or class to which the thing or service belongs (the performance).

• Generally, the debtor has an obligation regarding an uncertain thing to deliver a thing of the kind agreed upon.
• If the debtor does not voluntarily comply, the creditor may ask that the obligation be performed at the expense of the debtor.

Specification of Generic Obligations

The selection or specification of the thing makes the obligation become specific.

• Principle of Choice: In the absence of specific measurement principles, the choice (electio) of the thing to be delivered belongs to the debtor (applying the principle of favor debitoris), especially where the Civil Code (CC) is silent on this point.
• Timing of Transformation: Specification can occur at two different times:
  1. Before the appointed time for compliance, transforming the obligation from generic to specific.
  2. At the time of completion, where the election coincides with the extinction of the obligation.

Divisible and Indivisible Obligations

Divisible

The benefit that is the object of the obligation is likely to be performed in parts without altering the essence of the obligation.

Indivisible

The delivery or performance is not likely to be performed in parts without altering its essence. Things are indivisible if they consist of delivering something not divisible or not susceptible to distribution in lots.

Alternative and Facultative Obligations

Alternative Obligations

When the performance consists of several things, and the obligation is extinguished by the execution of any one of them.

Facultative (Optional) Obligations

The creditor allows the debtor to give or do something other than what was originally agreed upon (the debtor has the faculty to substitute the performance).

Requirements of Performance (Prestation)

The Prestation (Performance) is the conduct of the debtor, the object of which is to give, to do, or not to do something. Requirements (as per CC Articles 1271 to 1273):

1. Possibility: The performance must always be possible, both materially and juridically (legally). Material impossibility occurs when the debtor is not physically able to perform.
2. Lawfulness (Licitud):
   • For obligations to give: The things must be lawful (Art. 1271).
   • For obligations to do: The actions must not be contrary to imperative laws or morality.
3. Determinability: The specific behavior the debtor must adhere to must be determined in the act establishing the obligation.
4. Patrimoniality: The performance must be susceptible to economic valuation. Every act must have a purpose.