Law Chapter 3

Question 1

This is an obligation which one is not subject to any conditions and no specific date is mentioned for its fulfillment, and is therefore immediately demandable

Answer 1

Pure Obligations

Question 2

What are the 2 Principal Kinds of Condition?

Answer 2

1. Suspensive Condition (Condition Precedent or Antecedent)
2. Resolutory Condition (Condition Subsequent)

Question 2

This type of obligation is one whose consequences are subject in one way or another to the fulfillment of a condition

Answer 2

Conditional Obligation

Question 2

This is a future and uncertain event, upon the happening of which, the acquisition or extinguishment of an obligation (or right) subject to it depends

Answer 2

Condition

Question 2

What are the 2 characteristics of a condition

Answer 2

1. Future and Uncertain - an event can only be a condition if its both
2. Past but unknown - A condition may refer to a past event, if it refers to a future event, it must be uncertain otherwise it isnt a condition
   A CONDITION MUST NOT BE IMPOSSIBLE

Question 3

This is a condition where the fulfillment of which will give rise to an obligation or right

Answer 3

Suspensive Condition
- Basically, if the condition is fulfilled, the obligation will exist, or in other words, your right to demand an obligation only happens after
Ex: I will sell you the land if it is adjudicated (dismissed) to me in the division of my dead fathers estate
Translation: You only get the land, if it is given to me in the division of my dead father’s estate

Question 3

A condition only really refers to?

Answer 3

It only really refers to uncertain and future events. A past event cannot be a condition since the demandability of an obligation subject to a condition depends upon whether or not the event will happen. You can still use past events, but that is only if you are using the knowledge to be acquired from it in the condition (aka future of the past event, which is still technically the future)

Question 3

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

Answer 3

Period

Question 3

What are the 6 Classifications of Conditions
(Each classification has 2 types, except 6 which has 4 types)

Answer 3

1. As to Effect
   Suspensive - Happening gives rise to obligation
   Resolutory - Happening Extinguishes the obligation
2. As to Form
   Express - Condition is clearly stated
   Implied - Condition is inferred
3. As to possibility
   Possible - The condition is capable of fulfillment, legally or physically
   Impossible - The condition is not capable of fulfillment, legally or physically
4. As to cause or origin
   Potestative - Condition depends upon the will of the contracting parties
   Casual - Condition depends upon chance or upon the will of a 3rd person
   Mixed - Condition depends partly upon chance and partly upon the will of a 3rd person
5. As to Mode
   Positive - The condition consists in the performance of an act
   Negative - The condition consists in the omission of an act
6. As to Numbers
   Conjunctive - There are several conditions and all of them have to be fulfilled
   Disjunctive - There are several conditions and only one or some have to be fulfilled
   Divisible - Condition is susceptible of partial performance
   Indivisible - Condition is not susceptible of partial performance

Question 3

This is a condition where the fulfillment of which will extinguish an obligation already existing

Answer 3

Resolutory Condition
-If you fulfill the condition, the obligation will no longer exist, or in other words, your right to demand no longer exists after
Ex: I owe you a debt, and now bind myself to pay you part of my allowance, until you graduate from college.
Translation: If you graduate, you no longer get to collect on your right to my monthly allowance

Question 4

What happens when suspensive conditions rely solely on the debtors will?

Answer 4

1. Purely potestative conditions becomes void - This is because enforcing the obligation becomes too hard because the debtor essentially gets to decide when to fulfill the obligation
   Ex “I will pay X when I feel like it”
   OR
2. Only the condition becomes void - This happens when the obligation is pre existing and never depended on the condition for its existence, so even if its removed, the obligation still works
   Ex: I have an obligation to pay in 2 months, but I promise to pay only after I sell my car, in this situation my condition can be voided but I still have to deliver on my obligations

Question 5

What is pacto de retro?

Answer 5

Redemption Agreement

Question 5

What are the 2 kinds of impossible conditions?

Answer 5

1. Physically Impossible Condition - By nature of things they cannot exist, or cannot be done.
2. Legally Impossible Condition - When they are contrary to law, morals, good customs, public order or policy

Question 6

What are the 2 possible effects of Impossible Conditions?

Answer 6

1. Conditional Obligation Void - This annuls the contract and obligation. This is because the obligor knows his obligation knows his obligation cannot be fulfilled, so he has no intension to comply
2. Conditional Obligation Valid - Only for negative obligations, and in this case the condition is disregarded but the obligation is rendered pure and valid. The reason for this is because when your obligation to not do is conditional to impossible things, then even if the condition is not possible, in the end you are still not doing, therefore complying with the obligation.
   Ex: I will sell you my land if you do not give me a flying pig
   In this case

Question 7

What are the 3 conditions to constructive fulfillment of suspensive conditions

Answer 7

This is article 1186
1. The condition is suspensive
2. The obligation actually prevents the fulfillment of the condition
3. He acts voluntarily
This also applies to resolutory conditions

Question 7

Article 1189, is only applicable if?

Answer 7

1. The obligation is a real obligation
2. The object is a specific or determinate thing
3. The obligation is subject to a suspensive condition
4. The obligation is fulfilled
5. There is loss, deterioration, or improvement of the thing during the pendency of the condition.

Question 8

What are the 3 kinds of loss in civil law?

Answer 8

1. Physical Loss - When a thing perishes, as when a house is burned and reduced to ashes
2. Legal Loss -When a thing goes out of commerce, or when a legal thing becomes illegal
3. Civil Loss - When a thing disappears in such a way that its existence is unknown, or even if known, cannot be recovered, whether as a matter of fact, or of law.

Question 8

What are the rules in place for loss of a thing with or without debtor’s fault?

Answer 8

If the debtor is not at fault then the obligation is extinguished and debtor is not liable, and generally not liable for fortuitous events

If debtor is at fault then debtor becomes liable and Creditor is entitled to demand damages

Question 8

What are the rules in place for deterioration of a thing with or without debtor’s fault?

Answer 8

If the debtor is not at fault then the creditor suffers the deterioration

If the debtor is at fault then the creditor can pursue recission of the contract and payment for damages
or
The creditor can pursue fulfillment of the obligation also with payment for damages

Question 9

What are the rules in place for improvements of a thing by nature/time or by expense of the debtor?

Answer 9

If the debtor improved the thing at his expense then he gets the right to enjoy those improvements for as long as he has ownership, BUT THE CREDITOR HAS NO OBLIGATION TO REIMBURSE HIM FOR THE IMPROVEMENTS

If the thing improved by time/nature then the creditor gets full enjoyment of the benefit and the debtor gets nothing, because this is the fairness of the rule that if the thing depreciates at the fault of no one, then only the creditor suffers.

Question 9

What are the 3 requisites in order to apply Article 1186?

Answer 9

1. The condition is suspensive
2. The obligor actually prevents the fulfillment of the condition
3. He acts voluntarily

The law does not require the obligor act with malice or fraud as long as his purpose is to prevent fulfillment of the condition

This article does not apply if the obligor is in exercise of a right

Question 9

Article 1189 Only applies if?

Answer 9

1. The obligation is a real obligation
2. The object is a specific or determinate thing
3. The object is subject to a suspensive condition
4. The condition is fulfilled
5. There is loss, deterioration, or improvement during the pendency of the condition