or uncertain event, or upon a past event unknown to the parties, is demandable at once. (PURE OBLIGATION; also dont have specific date) Every obligation which contain a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. Conditional Obligation- one whose consequences are subject in one way or another to fulfillment of a condition Kinds of Conditional Obligation: Suspensive Condition (antecedent) - the fulfillment of this condition will give rise to an obligation; if this condition does not exist there is no legal tie; until this condition exists, the obligation is a mere hope. Resolutory Condition (subsequent)- the fulfillment of this condition will extinguish an obligation that already exists; if this condition exists, the tie of the law is consolidated; until this condition exists, there is an obligation. Characteristics of a Condition: Future and uncertain Past but unknown- the knowledge to be acquired in the future of a past event which at the moment is unknown to the parties interested. When is an obligation demandable at once: When it is pure When it is subject to a resolutory condition When it is subject to a resolutory period 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. Period- is a future and uncertain event upon the arrival of which the obligation subject to it either arises or is extinguished. Article 1181- In conditional obligations, the acquisition of rights (suspensive condition) , as well as the extinguishment or loss of those already
acquired (resolutory condition), shall
depend upon the happening of the event which constitutes the condition. Article 1182-When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void.If it depends upon a chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this code. Classifications of Conditions: (1)As to effect: Suspensive Resolutory (2)As to form: Express-clearly stated Implied-merely inferred (3)As to possibility: Possible-capable of fulfillment Impossible-not capable of fulfillment (4)As to cause or origin: Potestative- the condition depends upon the will of one of the contracting parties Causal-the condition depends upon chance or upon the will of a third person Mixed-the condition depends partly upon chance and partly upon the will of a third person (5)As to mode: Positive- consists in the performance of an act Negative- consists in the omission of an act (6)As to Numbers: Conjunctive- there are several conditions and all must be fulfilled Disjunctive-there are several conditions and only one or some of them must be fulfilled (7)As to Divisibility: Divisible- susceptible of partial performance Indivisible-not susceptible of partial performance Potestative Condition- is Suspensive in nature Where suspensive condition depends upon will of debtor: The conditional obligation is void because its validity and compliance is
left to the will of the debtor and it cant
be easily demanded. Only the condition is void if the obligation is a pre-existing one and does not depend for its existence upon the fulfillment by the debtor of the potestative condition. When suspensive condition depends upon the creditor: If the condition depends exclusively upon the will of the creditor, the obligation is valid.
When resolutory condition depends
upon will of debtor: The obligation is valid. The fulfillment of the condition merely causes the extinguishment or loss of rights already acquired. The debtor is naturally interested in its fulfillment. If the suspensive condition depends upon chance or upon the will of a third person (Causal condition) the obligation subject to it is valid. The obligation is valid if the suspensive condition depends partly upon chance and partly upon the will of a third person (Mixed condition) When suspensive condition depends partly upon will of debtor: Obligation is valid as long as the compliance with the obligation does not depend upon that part of the condition whose fulfillment depends upon the will of the debtor. Summary: Suspensive Condition: If the fulfillment of the condition depends upon the will of the debtor, the obligation is void. If the fulfillment of the condition depends upon the will of the creditor, the obligation is valid. If the fulfillment of the condition depend upon chance or third party, the obligation is valid. If the fulfillment of the condition depend partly upon chance and partly upon third party, the obligation is valid.
If the fulfillment of the suspensive
condition depends partly/entirely upon the debtor, the obligation is valid as long as the obligation is pre existent, only the condition is void. Resolutory Condition: If the fulfillment of the condition depends upon the will of the debtor, the obligation is valid. -----Article 1183Impossible conditions- those contrary to good customs or public policy and those prohibited by law Article 1183 refers to suspensive conditions. It applies only to cases where the impossibility already existed at the time the obligation was constituted. Two Kinds of impossible conditions: Physically impossible conditions- when in nature, they cant be done or cant exist Legally impossible conditions- when they are contrary to law,morals,good cutoms, public order or public policy. In impossible conditions, both the condition and the obligation are void because you can never fulfill what is impossible. If the condition is not to do an impossible thing, the conditional obligation is valid. If the obligation is divisible, the part not affected by the impossible condition is valid. If the obligation is a pre-existing obligation and does not depend upon the fulfillment of the condition which is impossible for its existence, only the condition is void. Article 1184- The condition that some event will happen at a determinate time (positive condition) shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place. Positive Condition- happening of an event at a determinate time. Article 1185- The condition that some event will not happen at a determinate time
(Negative condition) shall render the
obligation effective from the moment the time indicated has elapsed or if it has become evident that the event cant occur. If there is no fixed time, the circumstances shall be considered to arrive at the intention of the parties Negative Condition- an event will not happen at a determinate time. Article 1186-The (suspensive) condition shall be deemed fulfilled when the obligor (debtor) voluntarily prevents its fulfillment. Article 1187- Retroactive effect only applies to an obligation to give. As to fruits and interests, in reciprocal obligations, there is no retroactivity meaning the fruits and interest are kept creditor until the condition is met. In unilateral obligations (donate), the debtor(mag donate) also gets to keep all fruits and interest before the fulfillment of the condition. Article 1188Right of the creditor- He may take appropriate actions for the preservation of his right Right of debtor- He is entitled to recover what he has paid by mistake prior to the happening of the suspensive condition. Article 1899-When conditions are fulfilled to suspend an obligation, the following rules are observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: 1. If the thing is lost WITHOUT the fault of the debtor, the OBLIGATION is extinguished. 2. If the thing is lost through the FAULT OF THE DEBTOR, he shall be obliged to pay damages when its existence is unknown. 3. When the thing deteriorates(reduced value) WITHOUT the fault of the debtor, the impairment is to be borne by the creditor 4. If it deteriorates(reduced value) through the FAULT OF THE DEBTOR, the creditor may choose between the two remedies of the creditor: RECISSION of obligation and its FULFILLMENT with indemnity for damages
5. If the thing is improved by its nature,
or by time, the improvement shall benefit the creditor. 6. If it is improved at the expense if the debtor, he shall have no other right than that granted to the usufructurary(the one who has the legal right of using and enjoying the fruits of something belonging to another) This article applies only when it is a real obligation (obligation to give), the object is a determinate thing, the obligation has a suspensive condition. Condition is fulfilled and there is loss or improvement of the thing Article 1190- When the there is a resolutory condition, the parties, upon the fulfillment of said conditions, shall return to each other what they have received (mutual restitution) In case of loss, deterioration or improvement of the thing with respect to the debtor, the provisions which are laid down in the preceding article shall be applied to the party who is bound to return. As for Personal obligations, the provisions of the second paragraph of the article 1187 (the court shall determine the effect) shall be observed as regards the effect of the extinguishment of the obligation. Article 1191Kinds of Obligation: Unilateral- only one party is obliged to comply with a prestation Bilateral-both parties are mutually bound to each other. Reciprocal obligations- arise from the same cause and in which each party is a debtor and creditor of the other; the performance of one is designed to be the equivalent and the condition for the performance of the other. *Sale Non-reciprocal obligations- those which do not impose simultaneous and correlative performance on both parties. Remedies in Reciprocal obligations:
Choice of remedies- the aggrieved party
may choose between FULFILLMENT or RECISSION both with DAMAGES. Article 1192-In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished and each shall bear his own damages.