Article 1183

Question 1

Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawfull condition shall be valid,

The condition not to do an impossible ting shall be consdiered as not having been agreed upon

Answer 1

Article 1183

Question 2

When article 1183 applies

Answer 2

1183 refers to suspensive conditions. It applies only to cases where the impossibilty already existed at the time the obligation was constituted.

Question 3

Two kinds of impossible conditions

Physically Impossible conditions

Answer 3

When they, in nature of things, cannot exist or cannot be done.

Question 4

Two kinds of impossible conditions

Legally Impossible conditions

Answer 4

When they are contrary to law, morals, good custom, public order, or public policy

Question 5

Effect of impossible conditions

Conditional Obligation void

Answer 5

Impossible conditions annul the obligation which depends upon them. Both the obligation and the condition are void.

Question 6

Effects of impossible conditions

Conditional Obligation valid

Answer 6

If the condition is negative, that is, not to do an impossible thing, it is disregarded and the obligation is rendered pure and valid.

Question 7

Effects of impossible conditions

Only the affected obligation void

Answer 7

If the obligation is divisible, the part thereof not affected by the impossiible condition shall be valid

Question 8

Effects of impossible conditions

Only the condition void

Answer 8

If the obligation is a pre-existing obligation, and, therefore, does not depend upon the fulfillment of the condition which is impossible, for its existence, only the condition is void.