Article 1179 Flashcards
Article 1179
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.
A pure obligation is
one which is not subject to any condition and no specific date is mention for its fullfillment and is therefore immediately demanadable
A conditional obligation is
one whose consequences are subject in one way or another to the fulfillment of a condition
A condition is a
future and uncertain event, upon the heppening of which, the acquisition of extinguishment of an obligation (or right) subject to it depends
Characteristics of a condition :
1) Future and uncertain
2) Past but unkown
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
Art 1183 states that
A condition must not be impossible
2 Principal kinds of condition
Suspensive condition (condition precedent or condition antecedent)
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
2 Principal kinds of condition
Resolutory Condition (Condition Subsequent)
Is the fulfillment of which will extinguish an obligation (or right) already existing
Article 1179 talks about
The 2 principal kinds of condition
An obligation is demandable at once when—
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