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BA 161 > BA161_Ch3_Sec1 > Flashcards

BA161_Ch3_Sec1 Flashcards

1
Q

It is not subject to any condition and no specific date is mentioned for its fulfillment and is therefore, immediately demandable.

A

Pure Obligation

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2
Q

[T/F] According to Art 1179, Every obligation whose performance does not depend upon a future or uncertain event or upon a past event unknown to the parties, is not demandable at once.

A

False. It is demandable at once.

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3
Q

[T/F] Every obligation which contain a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event,

A

TRUE

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4
Q

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

A

Conditional Obligation

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5
Q

A future and uncertain event, upon happening of which, the effectivity or extinguishment of an obligation(or right) subject to it depends.

A

Conditional

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6
Q

Characteristics of a condition:

A

[1] Future and Uncertain [2] Past but unknown

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7
Q

[T/F] A condition must not be impossible.

A

TRUE

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8
Q

Kinds of conditions:

A

[1] Suspensive Condition(Condition precedent/condition antecedent) [2] Resolutory Condition(Condition subsequent)

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9
Q

What is a Suspensive Condition?

A

One of the fulfillment of which will give rise to an obligation (or right).

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10
Q

[T/F]In a suspensive condition, demandability of an obligation is suspended until the happening of the uncertain event which constitutes the condition.

A

TRUE

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11
Q

What is a Resolutory Condition?

A

Fulfillment of which will extinguish an obligation(or right) already existing.

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12
Q

Distinctions between suspensive and resolutory conditions

A

I. Suspensive: [1] If fulfilled, obligation arises [2] If the condition does not take place, the tie of the law (juridical or legal tie) does not appear. [3] Until the first takes place, the existence of the obligation is a mere hope. II. Resolutory: If fulfilled obligation is extinguised. [2] If the condition does not appear, the tie of law is consolidated. [3] Its effectsflow, but over it hovers the possibility of termination.

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13
Q

When is an obligation demandable at once?

A

[1] when it is pure (Art 1179, par 1) [2] When it is subject to a resolutory condition [3] when it is subject to a resolutory period (Art 1193 par 2)

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14
Q

[T/F] A past event cannot be said to be a condition since the demandability of an obligation subject to a condition depends upon whether the event will happen or will not happen.

A

TRUE

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15
Q

[T/F] Art 1180 states that when the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with the period, subject to the provisions of art 1197.

A

TRUE

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16
Q

Future and certain event upon the arrival of which the obligation subject to it either arises or is extinguised.

A

Period

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17
Q

Where the duration of the period depends upon the will of the debtor –

A

[1] Debtor promises to pay when his means permit him to do so. [2] Other cases – as whenthe debtor binds himself to pay: a) little by little b) ASAP c) from time to time d) anytime I have the money e) In partial payments f) When im in a position to pay

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18
Q

[T/F] From Art 1180, In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.

A

False. Art 1181

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19
Q

Effect of happening of condition –

A

[1] Acquisition of rights [2] Loss of rights already acquired

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20
Q

The conditional obligation shall be void when –

A

the fulfillment of the condition depends upon the sole will of the debtor.

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21
Q

Classification of conditions (1) as to effect:

A

[1] Suspensive [2] Resolutory

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22
Q

Classification of conditions (2) Form:

A

[1] Express [2] Implied

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23
Q

Classification as to possibility:

A

[1] Possible [2] Impossible

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24
Q

Classification as to cause/origin:

A

[1] Potestative [2] Casual [3] Mixed

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25
Q

Differentiate the 3 classifications of conditions as to cause/ origin:

A

Potestative: the condition depends upon the will of one of the contracting parties. Casual: condition depends upo chance or upon the will of a third person. Mixed: condition depends partly upon the chance and partly upon the will of a third person.

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26
Q

Classification as to mode:

A

[1] Positive [2] Negative

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27
Q

Classification as to numbers

A

[1] Conjuctive [2] Disjucntive

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28
Q

Classification as to divisibility:

A

[1] Divisible [2] Indivisible

29
Q

Where suspensive condition depends upon will of the debtor:

A

[1] Conditional obligation void [2] Only the condition void

30
Q

[T/F] Art 1183. Impossible conditions, those contrary to good customs or public policy and this prohibited by law shall annul the obligation which depends upon them.

A

TRUE

31
Q

[T/F] If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.

A

TRUE

32
Q

The condition not to do an impossible thin shall be considered as –

A

as not having been agreed upon

33
Q

[T/F] Art 1183 applies only to cases where the impossibility already existed at the time the obligation was constituted.

A

TRUE

34
Q

Kinds of Impossible conditions

A

[1] Physical [2] Legal

35
Q

Effects of Impossible condition

A

[1] Conditional obligation void [2]Conditional obligation void [3] Onlt the affected obligation void [4] Onl the condition void

36
Q

[T/F] The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become undubitable that the event will not take place

A

TRUE

37
Q

In a positive condition, the obligation is extinguised –

A

[1] As soon as the time expires without the event taking place [2] as soon as it has become indubitable that the vent will not take place although the time specifies has not expired.

38
Q

[T/F] The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur.

A

TRUE

39
Q

[T/F] If no time has been fixed, the condition shall not be deemed fulfilled as such time as may have probably seen contemplated, bearing in mind the nature of the obligation

A

False. Art 1195 par 2

40
Q

In negative conditions, obligation shall become effective and binding from –

A

[1] the moment the time indicated has elapsed without the event taking place [2] the moment it has become evident that the event cannot occur, although the time indicated has not yet elapsed.

41
Q

[T/F] If no time is fixed, the circumstances shall be considered to arrive at the intention of the debtor. This rules may also be applied to a positive condition.

A

False. Both Parties p 98

42
Q

[T/F]When the obligaor voluntarily prevents the fulfillment of the condition, it shall be demeed fulfilled.

A

TRUE

43
Q

Requisites for the application of constructuve fulfillment of suspensive condition

A

[1] Condition is suspensive [2] obligor actually prevents the fulfillment of the condition [3] He acts voluntarily

44
Q

[T/F] Art 1186 applies only to an obligation subjected to a suspensive condition with respect to the debtor who is bound to return what he has received upon the fulfillment of the condition.

A

False. Applies also to resolutory condition p 100

45
Q

[T/F] Art 1187 states that the effects of a conditional obligation to give, once the condition has been fulfilled, shall not retroacts to the day of the consitution of the obligation.

A

FALSE

46
Q

When are the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated?

A

When the obligation imposes reciprocal prestations upon parties. Art 1187

47
Q

[T/F] In unilateral obligation, the debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person consituting the same was different

A

True Art 1187

48
Q

In what obligations shall the courts determine, in each case, the retroactive effect of the condition that has been complied with

A

Obligations to do and not to do (Personal Obligations)

49
Q

[T/F] Once the suspensive condition is fulfilled, its effects shall retroact to the day when the obligation was constituted.

A

True p 101

50
Q

[T/F] The courts are empowered by the use of sound discretion and bearing in mind the intent of the parties, to determine, in each cade, the retroactive effect of the suspensive condition that has been complied with

A

True p 102

51
Q

[T/F] Art 1188. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right.

A

TRUE

52
Q

[T/F] In case of suspensive condition, the debtor may recover what during the same time he has paid by mistake.

A

True Art 1188 par 2

53
Q

[T/F] In Art 1188, the creditor cannot go to court to prevent the alienation or concealment of the property the debtor has bound himself to deliver, or to have his right annotated on the title to the property in the registry of deeds.

A

FALSE

54
Q

Requisites of Art 1189:

A

[1] Obligation is a real obligation [2] Object is a specific or determinate thing [3] Obligation is subject to a suspensice condition [4] Condition is fulfilled [5] There is a loss, deterioration or improvement of the thing during pendency of the condition

55
Q

Kinds of Loss in civil law:

A

[1] Physical: When a thing perishes as when a house is burned and reduced to ashes. [2] Legal Loss: When a thing goes out of commerce or when a thing heretofore legal becomes illegal. [3] Civil loss: when a thing disappears in such a way that its existence is unknown.

56
Q

[T/F] In Art 1189, when the thing is lost without the fault of the debtor, the obligation shall be extinguished.

A

TRUE

57
Q

[T/F] If the thing is lost through the fault of the debtor, he is not obliged to pay damages

A

False Art 1189 (2)

58
Q

[T/F] When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor.

A

True Art 1189 (3)

59
Q

[T/F] If the thing deteriorates through the fault of the debtor, the debtor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case.

A

False. Art 1189 (4)

60
Q

The right to enjoy the use and fruits of a thing belonging to another.

A

Usufruct

61
Q

Effects of fulfillment of resolutory condition

A

I.In Obligations to Give [1] There is a return to the status quo [2] In case the thing to be returned is legally in the possession of a third person who did not act in bad faith, the remedy of the party entitled to restitution is againts the other. [3] Obligation of mutual restitution is absolute. Applies not only to the thing received but also to the fruits and interests [4] In obligations to give subject to suspensive condition, the retroactivity admits exceptions according as the obligation is bilateral or unilateral. II. Obligations not to do: the courts shall determine the retroactive effect of the fulfillment of the resolutory condition as in the case where the condition is suspensive

62
Q

[T/F] In Art 1191, the power to rescind obligation is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him

A

TRUE

63
Q

Kinds of obligation according to the person obliged

A

[1] Unilateral: only one party is obliged to comply with the prestation [2] Bilateral: Both parties are mutually bound to each other. Both parties are debtors and creditors

64
Q

What is reciprocal obligation

A

Those which arise from the same cause and in which party is a debtor and creditor of the other.

65
Q

What is nonreciprocal obligation

A

Those which do not impose simultaneous and correlative performance on both parties.

66
Q

Remedies in reciprocal obligations

A

[1] Choice of remedies: a) Action for specific performance of the obligation with damages b) action for rescission of the obligation also with damages [2] Remedy of rescission for non-compliance

67
Q

[T/F] The injured or aggrieved party is privileged to choose both remedies.

A

False p 114

68
Q

Limitations on right to demand rescission:

A

[1] Resort to the courts [2] Power of court to fix period [3] Right of third perso [4] Substatial violation [5] Waiver of right

69
Q

[T/F] Art 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.

A

TRUE

BA 161 (5 decks)

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