When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Article 1197. (n) Kapag ang may utang ay ibinigkis kanyang sarili upang bayaran ang kanyang pag kakautang kapag ang kanyang pamamaraan/kakayahan ay pinahihintulutan siya upang gawin ito, ang obligasyon ay itinuturing bilang isa na may takdang panahon, na napapailalim sa mga probisyon ng Article1197
Note: As the time of payment is not fixed, the same must be first fixed first before any action for collection should be allowed. This means, the creditor cannot immediately file an action for collection of the sum promised to be paid. Phrases Indicating A Term or Period
Case Levy Hermanos Vs. Pedro Paterno Facts:
ISSUE: Whether or not the defendant should pay the plaintiff according to the period fixed by court. HELD: Yes. The trial court acted in accordance with the law in exercising said power by fixing the duration of the period on the basis that the payment of the debt should be made at the rate of P200.00 a month. There was no abuse of judicial discretion in fixing such a rate, considering the importance of the obligatin and the absence of any stipulation of the interest in favor of the creditor. Art. 1180. When the debtor binds himself to paywhen his means permit him to do so, the obligationshall be deemed to be one with a period, subject tothe provisions of Art. 1197.Debtor to pay “when his means permit”:paymentdoes not depend on debtor’s will. What depends reallyon him is not payment, but the time when payment is tobe made. Hence, the law consider this obligation as onewith a term or a period.How long is the term:The general rule is for thecreditor to ask the court first for the fixing of the term,and it is only when that term set arrives that he candemand fulfillment. Any action to recover before this isdone is considered premature.Luz 1343PRTCd. Proportionate31.In what instance may we consider that there is no delay? Get answer to your question and much more 32.A solidary obligation is one in which each of the debtor isliable for the entire obligation or debt and each of the creditors isentitled to the entire credit. Obligations shall also be consideredsolidary under the following three exceptions. Which does notbelong to the exceptionsa.When solidary is expressly stipulated in the obligation.b.When the prestation is indivisible and there are two or moredebtors and creditors.c.When the law expressly provides solidarity.d.When solidarity is required from the nature of the obligation. 33.D is under obligation to deliver to C a Toyota Altis with anengine no. 1234567. When D was on the way to deliver the car, itwas destroyed at a time when D was not yet in delay. The lawpresumes that the loss is due to Get answer to your question and much more 34.If the obligor binds himself to perform his obligation as soonas "he shall have obtained a loan" from a certain bank, thisobligation is: Get answer to your question and much more 35.Consignation is a mode of payment which extinguishes anobligation. Which of the following is not a requisite for consignation? Get answer to your question and much more 36.When the debtor abandons and assigns all his properties infavor of his creditors for the latter to sell to satisfy his credits, this is:a. Remission |