Chapter 3 Section 1 Flashcards
an obligation which does not contain any condition or term upon which the fulfillment is made to depend;
PURE OBLIGATION
an obligation subject to a condition.
CONDITIONAL OBLIGATION
an event which is both future and uncertain upon which the existence or extinguishment of an obligation is made to depend.
CONDITION
Characteristics of a condition
- Future and uncertain 2. Past but unknown
Two principal kinds of condition
Suspensive condition and resolutory 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
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.
Resolutory Obligation
a future and certain event upon the arrival of
which, the obligation subject to it either arises or is
extinguished.
PERIOD
the happening of which gives rise to the obligation
Suspensive Condition
the happening of which extinguishes the obligation
Resolutory condition
the condition is clearly stated
Express Condition
the condition is merely inferred
Implied
the condition is capable of fulfilment, legally and physically
Possible Conditiom
the condition is not capable of fulfillment, legally and physically
Impossible Condition
the condition suspensive in nature and depends upon the will of one of the contracting parties
Potestative Condition
the condition depends upon chance or the or upon the will of a third person
Casual Condition
the condition depends partly upon chance and partly upon the will of a third person
Mixed Obligation
the conditions consists in the performance of an act
Positive Condition
the condition consists in the omission of an act
Negative Condition
there are several conditions and all must be fulfilled
Conjunctive Condition
there are several conditions and only one or some of them must be fulfilled
Disjunctive Condition
the condition is susceptible of partial performance
Divisible Condition
the condition is not susceptible of partial performance
Indivisible Condition
cannot exist or cannot be done in its nature;
Physically Impossible Condition
contrary to law, good customs, or public policy.
Legally Impossible Condition
Three Kinds of Loss
Physical Loss, Legal Loss, and Civil Loss
when a thing perishes as when a house is burned and reduced to ashes
Physical Loss
when a thing goes out of commerce or when a thing heretofere legal becomes illegal
Legal Loss
when a thing dissapears in such a way its existence is unknown
Civil Loss
Two types of Obligations according to the person obliged
Unilateral and Bilateral
when only one party is obliged to comply with a prestation
Unilateral
when both parties are mutually bound to each other
Two types of Bilateral Obligations
Reciprocal and Non-Reciprocal
Bilateral obligation arising from the same cause and in which each party is a debtor and creditor of the other
Reciprocal Obligations
are those which do not impose simultaneous and correlative performance on both parties
Non-Reciprocal
is the remedy available to an obligee when the oligor fails to comply with his obligation, to abrogate their contract as if it was never entered into, with the right to recover damages.
Rescission
