The modalities of the obligations are variable and accidental elements that modify the normal effects of the obligations without altering their nature. Obligations are that legal bond based on a right by which people are obliged to do something, deliver something, perform a service or refrain from doing something.
These modalities alter the effects of the obligations by questioning the existence of the rights that guarantee them, delaying their practice or aggravating the obligations with other accessory ones. The first thing is to initially distinguish between pure and modal obligations before explaining the modalities of the obligations..
Pure obligations are understood in contrast to modal obligations, since pure and simple obligations produce effects from their origin without depending on any condition..
Just the opposite of manners, which are modified by a condition or position, or perhaps depend on a term.
An example of this type of obligation is someone who lends money to a friend and from there arises the pure obligation to return the money without any condition of term, place or other aspects.
This is a narrow definition, especially considering that an obligation is no longer considered pure from the moment it is affected not only by a condition or position, but also by a term.
Modal obligations are those that depend on some external circumstance. The modalities are: the condition, the term or the position.
In these types of obligations, its effectiveness depends on a term or term. This term is something that will happen in the future and that extinguishes the effects of the obligation.
There are several types of terms, such as the express term, the tacit term, the conventional term and the legal term, among others. Below we will describe two of the most important deadlines: suspensive and extinctive.
It has 3 consequences:
It refers to the existence of a future event that extinguishes the effects of an obligation.
Some do not consider it a form of obligations, since it does not affect the existence, enforceability or nature of the legal relationship.
It happens that free acts only oblige the person who grants it, but there is no commitment on the part of the person who receives it; hence its one-sidedness.
It is an ancillary and exceptional obligation for those who acquire a right. There are three types of charges: simple, suspensive conditional and resolutive conditional.
Even if the charge is not fulfilled, the acquired right is not lost.
Rights are acquired depending on the conditional compliance imposed as a charge.
Rights are acquired from the moment they are granted, but they are lost if the charge is not made.
In cases where the same obligation includes several active subjects and creditors, or several taxpayers or debtors, the modality of joint and several obligations appears..
In this modality there are several debtors or creditors; therefore, the credit or debt is separated into equal parts, although each part is different.
In these cases there is a division of the obligations that are independent and can be required by the parties independently, either by the debtors or the creditors, depending on the specific case..
Two people have a joint credit with another person (creditor). Their obligation is 50% each and, to fulfill the obligation, they both have to pay their 50% of the debt.
In this modality, the credit or debt is a whole that has to be paid - or provided, if it is a service - in full. That is, one of the debtors can pay everything to the creditor, or the debtor (taxpayer) can pay one of the creditors (taxpayer) in full.
Two people have a joint loan with another. One of them can pay in full by complying with the obligation.
There are two forms of solidarity:
There are two or more joint creditors against a debtor or taxpayer who can jointly or separately demand full compliance with the obligation.
There are 2 or more joint debtors (taxpayers) that face the entire obligation towards a single creditor.
When the debtor has a joint obligation for several services or several things, he does not fulfill his obligation until he has fulfilled all his obligation together.
A lawyer has the obligation to legally assist in two totally different cases and without any relationship between them..
In these cases, the obligation can be fulfilled alternatively by choosing the debtor, unless it has been regulated differently..
When the alternative is between a thing or a fact and the choice is up to the creditor, he can choose either; but if he is the debtor, he has to deliver the thing.
If the object of the obligation is lost, the creditor can request its economic value or the end of the contract.
When there is a legacy and the heir can choose to pay it to the legatee with one or more relict assets.
The function of the optional obligation is generated when the debtor has an obligation consisting of a single benefit, although he has the power to be released from the obligation by fulfilling another in its place.
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