Article 1197

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.

Kapag ang obligasyon ay hindi nagtatakda ng panahon, ngunit sa uri at kalagayan ay maipapalagay na ang panahon ay nilalayon, ang korte ay maaring magtakda ng hangganan nito. Ang korte ay magtatakda rin ng panahon o hangganan kapag ito ay nakasalalay sa kalooban ng may pagkakautang. Sa bawat obligasyon kung saan ang bawat partido sa mga pagakkataon ay marahil napag-isipan ang pagtatalaga ng hangganan o panahon, ang korte ang magtatalaga ng panhon o hangganan ng pagbabayad ng obligasyon. Ang hangganan o panahon na itinalaga ng korte ay hindi na maari pang baguhin.

Kinds of Period:

Judicial Period- period designated by the court

Contractual period- period fixed by the parties in their contract

Events when the courts may fix a period:

When the term of the lease has been left to the will of the lessee

When the terms of a donation imposing certain conditions do not fix the time for the performance of the conditions

Where a building contract did not fix a definite period within which the engineer was to complete the construction of the house covered by the contract

When in connection with a contract of sale, the vendor was given the right to redeem, but no term was specified for the redemption

Where the debtor promise to pay his indebtedness consisting of the sum of money, “little by little,” or in partial payments or as soon as possible, or when I please, or as soon as he has money, or when his means permit him to do so.

Article 1182 talks about an obligation whose condition depends upon the will (fulfillment of the obligation). Article 1197 speaks about the duration of the obligation depending upon the will of the debtor.

Court cannot fix the period:

If there is a period agreed upon by the parties and it has already lapsed or expired

From the very moment the aprties give their accceptance and consent to the period fixed by the court, it becomes a law governing their contract.

Example:

Kristia borrowed a sum of money amounting to Php 20,000.00 from Bryan. It was not stipulated in the contract when Kristia will pay Bryan. The court may fix a period because it can be inferred from its nature and circumstances that a period was intended.