MODALITIES OF OBLIGATIONS: CHARACTERISTICS AND EXAMPLES - ARTE - 2025

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.

Types of obligations

Pure 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

Modal obligations are those that depend on some external circumstance. The modalities are: the condition, the term or the position.

Modalities of the obligations that affect effectiveness

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 prominent deadlines: suspensive and extinctive.

Standstill period

It has 3 consequences:

- As long as the obligation does not occur, it cannot be performed.

- The negative prescription of debts stops.

- The debtor cannot make the payment in favor of the creditor.

Extinctive term

It refers to the existence of a future event that extinguishes the effects of an obligation.

Modalities of the obligations that affect free acts

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 whoever grants it, but there is no commitment whatsoever on the part of whoever receives it; hence its one-sidedness.

Position

It is an ancillary and exceptional obligation for those who acquire a right. There are three types of charges: simple, suspensive conditional and resolutory conditional.

Simple charge

Even if the charge is not fulfilled, the acquired right is not lost.

Suspensive conditional charge

Rights are acquired depending on the conditional compliance imposed as a charge.

Resolutory conditional charge

Rights are acquired from the moment they are granted, but they are lost if the charge is not made.

Modalities of the obligations that affect the subjects

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.

Joint

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 partition 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.

Example

Two people have a joint credit with another person (creditor). Their obligation is 50% each and, to meet the obligation, they both have to pay their 50% of the debt.

Solidarity

In this mode, 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.

Example

Two people have a joint loan with another. One of them can pay in full by fulfilling the obligation.

There are two forms of solidarity:

Active solidarity

There are two or more joint creditors against a debtor or taxpayer who can jointly or separately demand full compliance with the obligation.

Passive solidarity

There are 2 or more joint debtors (taxpayers) that face the entire obligation towards a single creditor.

Modalities of the obligations that affect the object

Conjunctive obligations

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.

Example

A lawyer has the obligation to assist legally in two totally different cases and without any relation between them.

Alternative obligations

In these cases the obligation can be fulfilled in an alternative way 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, you 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.

Example

When there is a legacy and the heir can choose to pay it to the legatee with one or more relict assets.

Optional obligations

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.

References

1. lsplubicon2015.wordpress. (2015). Pure and conditional obligations.
2. Wikipedia. Obligations
3. Santos Araujo. (2016). Modalities of the obligations. mindmeister.com
4. Reinaldo Alcantara. (2018) The modalities of the obligations. Expert in Law Blog.
5. Modalities and effects of civil obligations. clubensayos.com