Different Kinds of Obligation Flashcards
An obligation which is immediately demandable, and is not dependent upon any condition and/period. This means that the obligee may demand from the obligor the immediate compliance of the obligation.
Pure obligation
Take note, however, that by immediately demandability, it does not always mean right here, right now, right away. Taking into consideration the nature of the obligation involved, the debtor must at least given a reasonable period of time to enjoy beneficial use of the object of the agreement and to comply with his obligation.
If the obligation is subject to a condition (other than a resolutory condition), then the obligation loses its immediate demandability and becomes dependent upon the happening of the condition.
Conditional Obligation
Characteristics of Condition (2)
- Future and Uncertain
- Past but Unknown
Alice and Bob are entering into a contract for the sale of a are book.
Condition: The sale will be finalized if a renowned book critic provides a positive review for the rare book within the next month.
Is it future and uncertain or past but unknown?
Future and uncertain
The positive review is a future and uncertain event. Both Alice and Bob are unsure whether the critic will give a favorable review.
Alice and Bob are making a contract for the sale of an antique vase.
Condition: The sale will go through if, at the time of making the contract, the vase has been featured in a famous art exhibition, but neither Alice nor Bob knows about this exhibition.
Is it future and uncertain or past but unknown?
Past but unknown
The past event (vase being featured in an art exhibition) is considered a condition because, at the moment they form the contract, Alice and Bob are unaware of this fact. The uncertainty lies in whether or not they will discover that the vase had been showcased in a famous exhibition.
True or False:
A past event can be treated as a condition if it is unknown to the parties of the contract.
True
But since the event already happened, the* element of uncertainty no longer exists. The uncertainty therefore is not with regard the possibility of the event coming into reality, but rather one that *pertains to whether or not the parties will acquire knowledge or awareness of the fact that such event already took place.
True or False:
In order to constitute an event as a condition, it must be UNCERTAIN as well. Generally, a condition is a future AND uncertain event.
True
Uncertainty means that the event may or may not happen.
It is a future and uncertain event, upon the happening of which, the acquisition or extinguishment of an obligation (or right) subject to it depends.
Condition
Two Principal Kinds of Condition
- Suspensive Condition (conditon precedent or condition antecedent)
- Resolutory condition (condition subsequent)
Principal Kinds of Condition
One with the fulfillment of which will give rise to an obligation. In other words, the demandability of the obligation will be suspended until the happening of the uncertain event which constitutes the. condition
Suspensive Condition (Condition Precedent or Condition Antecedent)
Alice agrees to sell her puppy to Bob if the puppy passes a veterinary health check next week.
The sale is pending (suspended) until the health check is completed. If the puppy is healthy, the condition is met, and the sale is finalized.
Principal Kinds of Condition
One with the fulfillment of which will extinguish an
obligation already existing.
Resolutory Condition (Condition Subsequent)
Alice lends her bicycle to Bob, but if Bob damages the bicycle, the lending agreement automatically ends.
The agreement is in effect, but it will be automatically terminated (resolved) if Bob damages the bicycle. The condition leads to the resolution of the agreement.
True or false:
If the suspensive condition is fulfilled, the obligation arises, while if its resolutory condition that is fulfilled, the obligation is extinguished.
True
Classification of Conditional Conditions as to Cause or Origin
- Potestative/Facultative condition
- Casual condition
- Mixed condition
It is a condition that is suspensive in nature and which depends upon the sole will of one of the contracting parties.
This is a condition where something needs to happen, but it depends entirely on the decision or choice of one person.
Potestative/Facultative condition
E.g. You promise to give a gift to your friend if you decide to take a vacation next month.
The condition is potestative because it depends on your own decision to take a vacation. If you decide to go, you fulfill the condition; if you don’t, the condition is not fulfilled.
A condition, one which is subject to chance or upon the will of a third person.
This is a condition based on chance or the decision of someone else, not the people directly involved in the contract.
Casual condition
E.g.Alice promises to pay Bob $100 if a specific painting is declared the winner of an art competition.
The condition (the painting winning the competition) depends on external factors or chance. The obligation to pay is triggered by an event that is not under the control of Alice or Bob but is contingent on the outcome of the art competition.
As the word connotes, it is a combination of potestative and casual conditions.
ie., one that is subject to the will of either parties and upon chance or the will of a third person.
It depends on the will of either party or chance/third person.
Mixed Condition
E.g. You promise to give a gift to your friend if either you decide to throw a party next week, or if a celebrity wishes them happy birthday.
The condition is mixed because it depends on your decision (potestative) or a celebrity’s action (casual), whichever happens first.
Classification of Conditional Conditions as to Mode
- Positive (suspensive) condition
- Negative (suspensive) condition
A condition in which the happening of an event at a determinate time arises obligation.
Positive (suspensive) condition
You promise to give 10,000 to B if B gets married to C before B turns 23.
This is a positive suspensive condition because something needs to happen (B marrying C) at a specific time (before B turns 23).
A condition in which that an event will not happen at a determinate time.
Negative (suspensive) condition)
You promise to give a gift if it doesn’t rain on your friend’s birthday. If it doesn’t rain on your friend’s birthday, the condition is met, and you have to give the gift.
The condition is not capable of fulfillment, legally or physically.
Impossible Condition
Two Kinds of Impossible Conditions
- Physically Impossible Condition
- Legally Impossible Condition
Kinds of Impossible Condition
In nature of things, it cannot exists and cannot be done.
E.g. I will pay you P10,000
(a) if it will not rain in the Philippines for one year.
(b) if you can carry twenty cavans of palay in your shoulder.
Physically Impossible Condition
Kinds of Impossible Condition
When they are contrary to law, morals, good customs, public order, or public policy.
E.g. X will give Y P1,000 if Y
(a) will kill Z (against the law)
(b) will be the common-law wife of X (against morals)
(c) will slap his father (against good customs)
(d) will publicly advocate the overthrow of the government (against public order)
(e) will not appear as a witness against X in a criminal case (against public policy)
Legally Impossible Condition
True or False:
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.
Rescind- cancel/ ipagsawalang-bisa/ impugn
True
Based on Article 1191.
It is cancellation. This is only applicable for
obligations that are reciprocal. Meaning, both of each are creditor and debtor of each other.
It is a remedy available to an obligee when the obligor fails to comply with his obligation, to abrograte their contract as if it was never entered into, with the right to recover damages.
Rescission
It is a future and certain event upon the arrival of
which the obligation (or right) subject to it either arises or is terminated.
It is a day certain which must necessarily come (like the year 2010; next Christmas), although it may not be known when, like the death of a person.
Period
True or False:
An obligation with a period is one whose effects or consequences are subjected in one way or another to the expiration or arrival of said period or term.
True
An obligation with a period means that something needs to happen or be done by a certain deadline or time.
True or False
The exercise of a period in a legal context typically benefits the party in whose favor the period is granted.
True
