Chapter 3 - Section 1 - Pure and Conditional Obligations Flashcards
One which is not subject to any condition and no specific date, immediately demandable. (at once)
PURE OBLIGATION
One whose consequences are subject in one way to the fulfillment of a condition.
CONDITIONAL OBLIGATION
Future and uncertain event, upon the happening of acquisition or extinguishment of an obligation.
Condition
Give rise to an obligation. Suspended until the happening of the uncertain event which constitutes the condition. Acquisition of rights.
Suspensive Condition (condition precedent or antecedent)
Will extinguish an obligation already existing. Loss of rights already acquired.
Resolutory Condition (condition subsequent)
Future and certain
Period
Depends upon the sole will of one of the contracting parties.
Potestative Condition
Depends upon chance or upon the will of a third person. VALID.
Casual Condition
Depends partly upon chance and partly upon the will of a third person.
Mixed Condition
Cannot exist or cannot be done.
Physically Impossible Conditions
Contrary to law, morals, good customs, public order, or public policy.
Legally Impossible Conditions
Happening of an event at a determinate time.
Positive Condition
Will not happen at a determinate time.
Negative Condition
When a thing perishes, as when a house is burned to ashes.
Physical Loss
When a thing goes out of commerce or when a thing heretofore legal becomes illegal.
Legal Loss
When a thing disappears in such way that its existence is unknown or even if known, it cannot be recovered, whether as a matter of fact or of law.
Civil Loss
Its value is reduced.
Deterioration
Deterioration Without Debtor’s Fault
Impairment is to be borne by the creditor
Deterioration With Debtor’s Fault
Creditor choose: rescission (cancellation) of obligation, fulfillment of the obligation, indemnity
Its value is increased.
Improvement
Improvement By Nature or Time
Inure to the benefit of the creditor
Improvement At the Expense of Debtor
Granted to a usufructuary
Right to enjoy the use and fruits of a thing belonging to another.
Usufruct
Only one party is obliged to comply with a prestation.
Unilateral
Both parties are mutually bound.
Bilateral
Each is a debtor and creditor of the other.
RECIPROCAL OBLIGATION
Which do not impose simultaneous and correlative performance on both parties.
NON-RECIPROCAL OBLIGATION
First Infractor Known - the liability of the first infractor should be _________ _______.
equitably reduced
First Infractor Cannot Be Determined - the court shall declare the ______________ of the obligation and each shall bear his ___ _______.
extinguishment ; own damages
