Article 1179 Flashcards

1
Q

Article 1179

A

Every Obligation whose performance does not depend upon a future or uncertain event, or upon a past even unknown to the parties, is demandable at once.

Every obligation which contain a resolutory conditon shall aslo be demandable, without prejudice to the effects of the happening of the event.

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2
Q

A pure obligation is

A

one which is not subject to any condition and no specific date is mention for its fullfillment and is therefore immediately demanadable

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3
Q

A conditional obligation is

A

one whose consequences are subject in one way or another to the fulfillment of a condition

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4
Q

A condition is a

A

future and uncertain event, upon the heppening of which, the acquisition of extinguishment of an obligation (or right) subject to it depends

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5
Q

Characteristics of a condition :

1) Future and uncertain
2) Past but unkown

A

1) To constitute an event as a condition, it is not enough that it be future; it must also be uncertain
2) A conditon may refer to a past event unknown to the parties

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6
Q

Art 1183 states that

A

A condition must not be impossible

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7
Q

2 Principal kinds of condition

Suspensive condition (condition precedent or condition antecedent)

A

is the fulfillment of which will give rise to an obligation. The demandability of the obligation is suspended until the happening of the uncertain event which constitutes the condition

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8
Q

2 Principal kinds of condition

Resolutory Condition (Condition Subsequent)

A

Is the fulfillment of which will extinguish an obligation (or right) already existing

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9
Q

Article 1179 talks about

A

The 2 principal kinds of condition

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10
Q

An obligation is demandable at once when—

A

1) When it is pure (par. 1, art 1179)
2) When it is subject to a resolutory condition
3) When it is subject to a suspensive condition

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