Chapter 3 Pure And Conditional Obligations

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

Answer 1

1179

Question 2

1179

Answer 2

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

Question 3

an event which is both future and uncertain
upon which the existence or extinguishment of an obligation
is made to depend.

Answer 3

Conditional obligation

Question 4

an obligation which does not contain any condition or term upon which the fulfillment is made to depend; immediately demandable by the creditors and the debtor cannot be excused from not complying with his prestation.

Answer 4

Pure Obligation

Question 5

a conditional obligation its fulfillment gives rise
to an obligation; the demandability of the
obligation or the effectivity of the contract can
take place only after the condition has been
fulfilled.

Answer 5

Suspensive obligation

Question 6

A conditional obligation its happening
extinguishes the obligation which is already
existing;

Answer 6

Resolutory Obligation

Question 7

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 Article 1197.

Answer 7

1180

Question 8

1180

Answer 8

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 Article 1197.

Question 9

a future and certain event upon the arrival of
which, the obligation subject to it either arises or is
extinguished.

Answer 9

Period

Question 10

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.

Answer 10

1181

Question 11

1181

Answer 11

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 12

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.

Answer 12

1182

Question 13

1182

Answer 13

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 14

a suspensive condition
which depends upon the will of one of the
contracting parties = if at the sole will of the
debtor, it is void; if at the creditor’s, still
valid. this is to prevent the establishment of
illusory obligations.

Answer 14

POTESTATIVE

Question 15

the condition depends upon
chance or the will of a third person;(i.e.
cellphone warranty)

Answer 15

CASUAL

Question 16

the condition depends partly upon
the will of the parties and partly upon
chance or the will of a third person;
(example ni Atty. De Chavez: passing the
bar)

Answer 16

MIXED

Question 17

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

Answer 17

1183

Question 18

1183

Answer 18

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.

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

Question 19

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.

Answer 19

1184

Question 20

1184

Answer 20

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 21

refers to the fulfillment of an event or
performance of an act

Answer 21

Positive condition

Question 22

refers to the non-fulfillment or non-
performance of an act

Answer 22

Negative condition

Question 23

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.
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.

Answer 23

1185

Question 24

1185

Answer 24

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.
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 25

The condition shall be deemed fulfilled when the
obligor voluntarily prevents its fulfillment.  This provision speaks of the DOCTRINE OF
CONSTRUCTIVE FULFILLMENT

Answer 25

1186

Question 26

1186

Answer 26

The condition shall be deemed fulfilled when the
obligor voluntarily prevents its fulfillment.  This provision speaks of the DOCTRINE OF
CONSTRUCTIVE FULFILLMENT

Question 27

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.
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.

Answer 27

1187

Question 28

1187

Answer 28

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.
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 29

The creditor may, before the fulfillment of the
condition, bring the appropriate actions for the
preservation of his right.
The debtor may recover what during the same time he
has paid by mistake in case of a suspensive condition.

Answer 29

1188

Question 30

1188

Answer 30

The creditor may, before the fulfillment of the
condition, bring the appropriate actions for the
preservation of his right.
The debtor may recover what during the same time he
has paid by mistake in case of a suspensive condition.

Question 31

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:

Answer 31

1189

Question 32

1189

Answer 32

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:

Question 33

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.
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 shall be applied
to the party who is bound to return.
As for the 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.

Answer 33

1190

Question 34

1190

Answer 34

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.
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 shall be applied
to the party who is bound to return.
As for the 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.

Question 35

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.
The injured party may choose between the fulfillment
and the rescission of the obligation, with the payment
of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should
become impossible. The court shall decree the rescission claimed, unless
there be just cause authorizing the fixing of a period.
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.

Answer 35

1191

Question 36

1191

Answer 36

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.
The injured party may choose between the fulfillment
and the rescission of the obligation, with the payment
of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should
become impossible. The court shall decree the rescission claimed, unless
there be just cause authorizing the fixing of a period.
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 37

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.

Answer 37

1192

Question 38

1192

Answer 38

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.

Question 39

The liability of the first infractor should be equitably reduced.
– equitably offset each other’s damages.

Answer 39

FIRST INFRACTOR KNOWN

Question 40

The court shall declare the extinguishment of the obligation
and each shall bear his own damages.

Answer 40

FIRST INFRACTOR CANNOT BE DETERMINED