Article 1182 Flashcards
Article 1182 states that
When the fulfillment of the condition depends upon th esole 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
A protestative condition
is a condition suspensive in nature and which depends upon the sole will of one of the contracting parties
Where suspensive condition depends upon will of debtor
Conditional Oblgiation Void
The protestative condition depends solely upon the will of the debtor, the conditional obligation shall be voied because its validity and compliance is left to the will of the debtor. (Art. 1308)
Where suspensive condition depends upon will of debtor
Only the condition void
condition is void leaving unaffected to the obligation itself. Here, the condition is imposed not on the birth of the obligation but on its fulfillment
Where suspensive condition depends upon will of debtor
If the condition depends exclusively upon the will of the creditor, the obligation is valid.
Where resolutory condition depends upon will of debtor
The obligation is valid altough its fulfillment depends upon the sole will of the debtor. The fulfillment of the condition merely causes the extinguishment or loss of rights already acquired
In 1189 the suspensive condition
depends upon chance or upon the will of a third person, the obligation subject to it is valid.
In 1189 of a mixed condition
The obligation is valid if the suspensive condition depends partly upon chance and partly upon the will of a third person.
Where suspensive condition depends partly upon the will of the debtor
If the compliance with the obligation still depends upon that part of the condition whose void as it is within his power to comply or not to comply with the same,
