Article 1180

Cards (4)

  • Article 1180
    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.
  • Where duration of period depends upon the will of debtor
    A period is a future and certain event upon the arrival of which the obligation subject to it either arises or is extinguished.
  • Where duration of period depends upon the will of debtor
    (1) The debtor promises to his means permit him to do so. -- The obligation shall be deemed to be one with a period. In this case, what depends upon the debtor's will is not whether he should pay or not for indeed he binds himself to pay. What is left only to his will is the duration of the period. If the debtor and the creditor cannot agree as to the specific time for payment, the court shall fix the same on the application of either part. (Art. 1197. Part 2)
  • Where duration of period depends upon the will of debtor
    (2) Other cases -- As when the debtor binds himself to pay:
    (a) "little by little" (b) "as soon as possible" (c) "from time to time" (d) "at any time I have the money" (e) "in partial payments" (f) "when I am in a position to pay."