OBLICON M3 Flashcards
An obligation whose performance does not depend upon a future or uncertain event, or upon a past
event unknown to the parties, demandable at once
Pure obligation
An obligation subject to a condition and the effectivity of which is subordinated to the fulfillment or
non-fulfillment of a future and uncertain event, or upon a past event unknown to the parties
Conditional obligation
an event which is future and uncertain, upon which the efficacy or extinguishment of
an obligation depends.
It has two requisites: first, futurity; and second, uncertainty.
Condition
An uncertain but past event itself can never constitute a condition because in order to be classified
as a condition, the requisites of futurity and uncertainty are required. Neither can it constitute a
term or period because in order to be classified as a term or period, the requisites of futurity and
certainty are required. But the proof or ascertainment of the fact or event, as distinguished from the
fact or event itself may either constitute a condition or a term depending upon the circumstances of
each case
Uncertain but past event as a condition
The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment
Constructive fulfillment of a condition
A condition the fulfillment of which will give rise to the acquisition of a right. While the condition
has not arrived yet, in the meantime, the rights and obligations of the parties are suspended.
Suspensive condition
A condition which requires a positive act on the part of the obligor that gives rise to the acquisition
of rights.
Positive suspensive condition
A contract to sell, the obligation to deliver the subject properties becomes demandable only upon
the happening of the positive suspensive condition (payment of full purchase price). Without full
payment, there can be no breach of contract to speak of because the seller has no obligation yet to
turn over the title
Positive suspensive condition
An act, which if not done, would give rise to a cause of action against the obligor. It contemplates a
situation where rights are already acquired but subject to an obligation, the non-fulfillment of
which does not affect the rights already acquired but merely gives a cause of action in favor of the
other party. In a contract of sale, the buyer’s nonpayment of the price is a negative resolutory
condition. In such case, the seller has lost and cannot recover the ownership of the property unless
he takes action to set aside the contract of sale
Negative resolutory condition
A condition which depends upon the will of one of the contracting parties
Potestative Condition
If the condition is potestative in the sense that its fulfillment depends exclusively upon the will of
the debtor, and the same is suspensive, both the condition and obligation are VOID.
Effects of potestative conditions upon the obligation
However, if the condition is a pre-existing one or the condition is resolutory, only the condition is
void, leaving the obligation itself valid because what is left to the sole will of the debtor is not the
existence or the fulfillment of the obligation but merely its extinguishment.
Effects of potestative conditions upon the obligation
It is the performance or the fulfillment of the condition which depends upon chance and/or the will
of a third person.
Casual condition
It is the performance or fulfillment of the condition which depends partly upon the will of a party to
the obligation and partly upon chance and/or the will of a third person.
Mixed condition
Other types of conditions
Positive
Negative
Divisible
Indivisible
Conjunctuve
Alternative
Possible
Impossible
It involves the doing of an act;
Positive
It involves the omission of an act;
Negative
It is susceptible of partial performance;
Divisible
It is not susceptible of partial performance
Indivisible
There are several conditions in an obligation all of which must be
performed;
Conjunctive
There are several conditions in an obligation but only one must be
performed;
Alternative
It is capable of fulfillment according to the nature, law, public policy or good
customs;
Possible
It is not capable of fulfillment according to nature, law, public policy or good
customs
Impossible
Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that
day comes
Obligation with a period or a term
