Chapter 3 Pure And Conditional Obligations Flashcards
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.
1179
1179
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.
an event which is both future and uncertain
upon which the existence or extinguishment of an obligation
is made to depend.
Conditional obligation
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.
Pure Obligation
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.
Suspensive obligation
A conditional obligation its happening
extinguishes the obligation which is already
existing;
Resolutory Obligation
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.
1180
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 Article 1197.
a future and certain event upon the arrival of
which, the obligation subject to it either arises or is
extinguished.
Period
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.
1181
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.
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.
1182
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.
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.
POTESTATIVE
the condition depends upon
chance or the will of a third person;(i.e.
cellphone warranty)
CASUAL
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)
MIXED
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.
1183
1183
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.
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.
1184
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.
refers to the fulfillment of an event or
performance of an act
Positive condition
refers to the non-fulfillment or non-
performance of an act
Negative condition
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.
1185
1185
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.
