Civil Code Art. 1197: Different Kinds of

Statute: Civil Code
Article: Art. 1197
Topic: Different Kinds of Obligations
Book: BOOK IV Obligations and Contracts
Title: TITLE I Obligations
Chapter: CHAPTER 3 Different Kinds of Obligations
Formerly: Art. 1128a of the old Civil Code
Year: 1949

The provision

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. The courts shall also fix the duration of the period when it depends upon the will of the debtor. In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them. (1128a)

Cases applying this article

Camp John Hay Development Corporation v. Charter Chemical G.R. No. 198849
Enrique C. Abad v. Goldloop Properties G.R. No. 168108

Browse the Civil Code

Continue your research on Intellegal

Search Philippine statutes on Intellegal →

Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.