Chapter 3

• Article 1193 (1)


  Obligations for whose fulfilment a day certain has been fixed, shall be demandable only when the day comes
• Article 1193 (2)


  Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain
• 1193 (3)


  A day certain is understood to be that which must necessarily come, although it may nit be known when
• 1193 (4)


  If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section (1125)
• Period


  Refers to a certain event that is certain to happen
• 1194

  In case of loss, deterioration or improvement if the thing before the arrival of the day certain, the rules in Article 1189 shall be observed
• 1195


  Anything paid or delivered before the arrival of the period, the obligor being unaware of the period of believing that the obligation has become due and demandable, may be recovere, with the fruits and interests
• Article 1196

  Whenever in an obligation a period is designated, it is presumed to have bee established for the benefit of both the creditor and the debtor, unless from the tenor of the same or the circumstances it should appear that the period has been established in favor of one or of the other.
• Article 1197 (1)

  If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof
• Article 1197 (2)

  The courts shall also fix the duration of the period when it depends upon the will of the debtor
• Article 1197 (3)

  In every case, the court shall determine such period as my under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them
• The debtor becomes insolvent after the obligation has been contracted


  Loses every right to make use of the period
• The debtor shall lose every right to make use of the period
• The debtor does not give a guaranty or security for the debts after the obligation has been contracted

  Loses every right to make use of the period
• Article 1199

  A person alternatively bound by different prestations shall completely perform one of them

  The creditor cannot be compelled to receive part of one and part of the other undertaking
• Article 1200

  The right of choice belongs to the debtor, unless it has been expressly granted by the creditor.

  The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation