CH. 3 SEC. 1 PURE AND CONDITIONAL OBLIGATIONS

Question 1

Art. 1179. par. 1. Every obligation whose performance does not depend upon a future […], or upon a […], is demandable at once

Answer 1

Art. 1179. par. 1. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once

Question 2

Art. 1179. par. 2. Every obligation which contains a resolutory condition shall […], without prejudice to the effects of the happening of the event.

Answer 2

Art. 1179. par. 2. Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event.

Question 3

Art. 1180. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed […], subject to the provisions of Art. 1197.

Answer 3

Art. 1180. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Art. 1197.

Question 4

Art. 1181. In conditional obligations, the […], as well as the […] of those already acquired shall depend upon the happening of the event which […].

Answer 4

Art. 1181. 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.

Question 5

Art. 1182. When the fulfillment of the condition depends upon the […], the conditional obligation shall be void. If it depends upon […] or upon the […], the obligation shall take effect in conformity with the provisions of this Code.

Answer 5

Art. 1182. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code.

Question 6

Art. 1183. par. 1. Impossible conditions, those […] and those […] shall […] the obligation which depends upon them. If the obligation is divisible, […] shall be valid.

Answer 6

Art. 1183. par. 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 unlawful condition shall be valid.

Question 7

Art. 1183. par. 2. The condition not to do an impossible thing shall be considered as […].

Answer 7

Art. 1183. par. 2. The condition not to do an impossible thing shall be considered as not having been agreed upon.

Question 8

Art. 1184. The condition that some event happen at a determinate time shall extinguish the obligation as soon as […] or if it has become […].

Answer 8

Art. 1184. 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 indubitable that the event will not take place.

Question 9

Art. 1185. par. 1. The condition that […] shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur.

Answer 9

Art. 1185. par. 1. 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.

Question 10

Art. 1185. par. 2. If no time has been fixed, the condition shall be deemed fulfilled […], bearing in mind the nature of the obligation.

Answer 10

Art. 1185. par. 2. If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been contemplated, bearing in mind the nature of the obligation.

Question 11

Art. 1186. The condition shall be […] when the obligor voluntarily prevents its fulfillment.

Answer 11

Art. 1186. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.

Question 12

Art. 1187. par. 1. The effects of a conditional obligation to give, once the condition has been fulfilled, shall […] to the day of the […]. Nevertheless, when the obligation imposes […] upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been […]. If the obligation is unilateral, the debtor shall […] the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different.

Answer 12

Art. 1187. par. 1. The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal prestations upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. If the obligation is unilateral, 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 constituting the same was different.

Question 13

Art. 1187. par. 2. In obligations […], the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.

Answer 13

Art. 1187. par. 2. In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.

Question 14

Art. 1188. par. 1. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the […].

Answer 14

Art. 1188. par. 1. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right.

Question 15

Art. 1188. par. 2. The debtor may […] what during the same time he has paid by mistake in case of a […].

Answer 15

Art. 1188. par. 2. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition.

Question 16

Art. 1189. No. 1. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, […];

Answer 16

Art. 1189. No. 1. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished;

Question 17

Art. 1189. No. 2. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (2) If the thing is lost through the fault of the debtor, he shall be […]; it is understood that the thing is lost when it […], or […], or disappears in such a way that its existence is […] or it […];

Answer 17

Art. 1189. No. 2. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered;

Question 18

Art. 1189. No. 3. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (3) When the thing deteriorates without the fault of the debtor, the […];

Answer 18

Art. 1189. No. 3. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor;

Question 19

Art. 1189. No. 4. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (4) If it deteriorates through the fault of the debtor, the creditor may choose between […] and its […], with […];

Answer 19

Art. 1189. No. 4. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (4) If it deteriorates through the fault of the debtor, the creditor may choose between the recission of the obligation and its fulfillment, with indemnity for damages in either case;

Question 20

Art. 1189. No. 5. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (5) If the thing is improved by its nature, or by time, the […];

Answer 20

Art. 1189. No. 5. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor;

Question 21

Art. 1189. No. 6. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (6) If the thing is improved at the expense of the debtor, he shall […].

Answer 21

Art. 1189. No. 6. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (6) If the thing is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.

Question 22

Art. 1190. par. 1. When the conditions have for their purpose the extinguishment of an obligation to give, the parties upon the fulfillment of said conditions, shall […].

Answer 22

Art. 1190. par. 1. When the conditions have for their purpose the extinguishment of an obligation to give, the parties upon the fulfillment of said conditions, shall return to each other what they have received.

Question 23

Art. 1190. par. 2. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in […] shall be applied to the party who is bound to return.

Answer 23

Art. 1190. par. 2. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article (Art. 1189) shall be applied to the party who is bound to return.

Question 24

Art. 1190. par. 3. As for obligations to do and not to do, the provisions of the second paragraph of […] shall be observed as regards the effect of the extinguishment of the obligation.

Answer 24

Art. 1190. par. 3. As for obligations to do and not to do, the provisions of the second paragraph of Article 1187 shall be observed as regards the effect of the extinguishment of the obligation.

Art. 1187 par. 2. In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.

Question 25

Art. 1191. par. 1. The power to rescind obligations is implied in […], in case one of the obligors should not comply with what is incumbent upon him.

Answer 25

Art. 1191. par. 1. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him.

Question 26

Art. 1191. par. 2. The injured party may choose between the […] and the […], with the payment of damages in either case. He may also seek recission, even after he has chosen fulfillment, if […]. (Hint: reciprocal obligations)

Answer 26

Art. 1191. par. 2. The injured party may choose between the fulfillment and the recission of the obligation, with the payment of damages in either case. He may also seek recission, even after he has chosen fulfillment, if the latter should become impossible.

Question 27

Art. 1191. par. 3. The court shall decree the recission claimed, unless there be […]. (Hint: reciprocal obligations)

Answer 27

Art. 1191. par. 3. The court shall decree the recission claimed, unless there be just cause authorizing the fixing of a period.

Question 28

Art. 1191. par. 4. This is understood to be without prejudice to the rights of […], in accordance with Articles 1385 and 1388 and the Mortgage Law. (Hint: recission of reciprocal obligations)

Answer 28

Art. 1191. par. 4. This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage Law.

Question 29

Art. 1192. In case both parties have committed a breach of the obligation, the liability of the first infractor shall be […]. If it cannot be determined which of the parties first violated the contract, the same shall be […], and each shall […].

Answer 29

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. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages.