Obligation L3 De Leon Flashcards
Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to parties, is demandable at once
ARTICLE 1179
Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening event.
ARTICLE 1179
Is one which is not subject to any condition and no specific date mentioned for its fulfillment and is, therefore, immediately demandable
PURE OBLLIGATION
Is one whose consequences are subject in one way or another to the fulfillment of a condition
CONDITIONAL OBLIGATION
Is a future or uncertain event, upon the happening of which, the effectively extinguishment of an obligation (or rights) subject to it depends:
a. Future and Uncertain
b. Past but unknown
CONDITION
One the fulfillment of which will give rise to an obligation (or right). The demandability of the obligation is suspended until the happening of a future and uncertain event that constitutes the condition.
SUSPENSIVE CONDITION (Condition precedent or condition antecedent)
One the fulfillment of which will extinguish an obligation (or right) already existing. Non-compliance with or non-fulfillment of the condition resolves the contract by force of law without the need for judicial intervention
RESOLUTORY CONDITION (Condition subsequent)
When an obligation is ____________
1. When it is pure
2. When it is subject to resolutory condition; and
3. When it is subject to a resolutory period
OBLIGATION IS DEMANDABLE AT ONCE
When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Article 1197
ARTICLE 1180
Is a future and certain event upon the arrival of which the obligation subject either arises or extinguished
Examples:
1. When the debtor binds himself to do so
2. When his means permit him to do so
3. Little by littles
4. As soon as possible
5. From time to time
6. As soon as I have the money
PERIOD
Classification of Condition as to _______
1. Suspensive Condition
2. Resolutory Condition
EFFECT
Classification of Condition as to _______
1. Express
2. Implied
FORM
Classification of Condition as to _______
1. Possible
2. Impossible
POSSIBILITY
Classification of Condition as to _______
1. Potestative
2. Casual
3. Mixed
CAUSE OR ORIGIN
Classification of Condition as to _______
1. Positive
2. Negative
MODE
Classification of Condition as to _______
1. Conjunctive
2. Disjunctive
NUMBER
Classification of Condition as to _______
1. Divisible
2. Indivisible
DIVISIBILITY
Article 1183. Impossible conditions, those contrary to good customs or public policy, and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.
The condition not to do an impossible thing shall be considered as not having been agreed upon.
POSSIBLE AND IMPOSSIBLE CONDITION
The impossibility must already exist at the time the obligation was constituted if the impossibility arises after the creation of obligation, the debtor in obligations to do so shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. (Art 1226)
POSSIBLE AND IMPOSSIBLE CONDITION
when they, in nature or things, cannot exist or cannot be done
PHYSICALLY IMPOSSIBLE CONDITION
when they are, contrary to law, morals, good customs, public order, or public policy
LEGALLY IMPOSSIBLE CONDITION
Impossible conditions annul the obligation which depends upon them
CONDITIONAL OBLIGATION VOID
If the condition is negative, that is, not to do an impossible thing, it is disregarded and the obligation is rendered pure and valid.
CONDITIONAL OBLIGATION VALID
if the obligation is divisible, the part thereof not affected by the impossible condition shall be valid
ONLY THE AFFECTED OBLIGATION IS VOID
If the obligation is a pre-existing obligation, and, thereof, does not depend upon the fulfillment of the condition which is impossible, for its existence, __________
ONLY THE CONDITION IS VOID
It is a condition suspensive in nature and which depends upon the sole will of one of the contracting parties
POTESTATIVE CONDITION
When the suspensive condition depends solely upon the will of the debtor, the conditional obligation shall be _____ because its validity and compliance are left to the will of the debtor and it cannot, thereof, be legally demandable.
Ex.
1. I will pay you if I want
2. I will pay you upon the sale of the house which I live
VOID
Where the suspensive condition depends solely upon the will of the debtor:
if the obligation is a ____________ one, and thereof, does not depend for its existence upon the fulfillment by the debtor of the potestative condition, only the condition is void leaving unaffected obligation itself
PRE-EXISTING
Where the suspensive condition depends upon solely the will of the creditor, the obligation is _______
VALID
If the suspensive condition depends upon a chance or upon the will of a third person, the obligation subject to it is VALID
Ex. Where S binds himself to sell his land to S if he wins a case which is pending before the Supreme Court
CASUAL CONDITION
The obligation is valid if the suspensive condition depends partly upon chance and partly upon the will of a third person
Ex. Where X, the building contractor. obliges himself in favor of Y, the owner, to repair X’s expense, any damage to the building taking place after an earthquake if found by a panel of arbitrators that construction defects contributed in any way to the damage
MIXED CONDITION
The happening of an event at a determinate time. The obligation is extinguished:
1. As soon as the time expires without the event taking place; or
2. As soon as it has become indubitable that the event will not take place although the time has specified has not yet expired
POSITIVE CONDITION
The event will not happen at a determinate time. The obligation shall become effective and binding:
1. From the moment the time indicated has elapsed without the event taking place; or
2. From the moment it has become evident that the event cannot occur , although the time indicated has not yet lapsed;
Note: If no time if fixed, the circumstances shall be considered to determine the intention of the parties. This rule may also be applied to a positive condition
NEGATIVE CONDITION
Art 1186. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.
Requisites:
1. The condition is suspensive
2. The obligor actually prevents (with malice or fraud) the fulfillment of the condition; and
3. He acts voluntarily
CONSTRUCTIVE FULFILLMENT OF SUSPENSIVE CONDITION
Art. 1186 applies also to an obligation subject to a resolutory condition with respect to the debtor who is bound to return what he has received upon the fulfillment of the condition
CONSTRUCTIVE FULFILLMENT OF SUSPENSIVE CONDITION
Retroactive effects of fulfillment of a suspensive condition
An obligation to give subject to a suspensive condition becomes demandable only upon the fulfillment of the condition. However, once the condition is fulfilled, its effects shall retroact to the day when the obligation was constituted
I[N OBLIGATIONS TO GIVE
Retroactive effects of fulfillment of a suspensive condition
no fixed rule. The court are empowered by the use of sound discretion and bearing in mind the intent of the parties, to determine, in each case, the retroactive effect of the suspensive condition has been complied with. It includes the power to decide that the fulfillment of the condition shall have no retroactive effect shall be reckoned
IN OBLIGATIONS TO DO OR NOT TO DO
Retroactive effects of fulfillment of a suspensive condition
There is no retroactive effect
IN RECIPROCAL OBLIGATION
Retroactive effects of fulfillment of a suspensive condition
There is no retroactive effect. (Usually gratuitous)
IN UNILATERAL OBLIGATION
Rights pending fulfillment of suspensive condition
He/she may take or bring appropriate actions for the preservation of his/her right, as the debtor may render nugatory the obligation upon the happening of the condition
RIGHT OF CREDITOR
Rights pending fulfillment of suspensive condition
He/she is entitled to recover what he has paid by mistake prior to happening of the suspensive condition
RIGHT OF DEBTOR
- Perishes (Physical Loss)
- Goes out of commerce (Legal Loss)
- Disappears in such a way that its existence is unknown or it cannot be recovered (Civil Loss)
CONCEPT OF LOSS
Gives the right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides
USUFRUCT
The parties, upon fulfillment of said conditions, shall return to each other what they have received
EFFECT OF FULFILLMENT OF RESOLUTORY CONDITION IN OBLIGATION TO GIVE
In obligation to do or not to do, the courts shall determine, in each case, the retroactive effect of the condition has been complied with.
EFFECT OF FULFILLMENT OF RESOLUTORY CONDITION IN OBLIGATION TO DO OR NOT TO DO
Obligation whose fulfillment a day certain has been fixed shall be demandable only when that day come
Obligations with a resolutory period take effect at once but terminate upon arrival of the day certain
A day certain is understood to be that which must necessarily come, although it may not be known when
If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section
ARTICLE 1193
One whose consequences are subjected in one way or another to the expiration of said period term
OBLIGATIONS WITH A PERIOD
Is a future and certain event upon arrival of which the obligation (or right) subject to it either arises or is terminated. It is a day certain which must necessarily come, although it may be known when, like death of a person
PERIOD
requisites of a __________
1. Future
2. Certain, and
3. Possible, legally, and physically
VALID PERIOD OF TERM
According to Effect
The obligation begins only from a day certain upon the arrival of the period
SUSPENSIVE PERIOD (ex die)
According to Effect
The obligation is valid up a day certain and terminates upon the arrival of the Period
RESOLUTORY PERIOD (in deim)
According to Source
When it is provided for by law
LEGAL PERIOD
According to Source
When it is agreed by the parties
CONVENTIONAL OR VOLUNTARY PERIOD
According to Source
When it is fixed by the court
JURIDICAL PERIOD
According to Definiteness
When it is fixed or it is known when it will come
DEFINITE PERIOD
According to Definiteness
When it is not fixed or it is not known when it will come. Where the period is not fixed but a period is intended, the courts are usually empowered by law to fix the same
INDEFINITE PERIOD
Whenever in an obligation a period is designated. It is presumed to have been established for the benefit of both the creditor and the debtor
GENERAL RULE
When it appears from the tenor of the period or other circumstances that it was established for the benefit of one of the parties
EXCEPTION
The creditor may demand the performance of the obligation at any time, but the debtor cannot compel him to accept payment before the expiration of the Period
WHEN IT IS FOR THE BENEFIT OF THE CREDITOR
The debtor may oppose any premature demand on the part of the creditor for the performance of the obligation, or if he so desires, he may renounce the benefit of the period by performing his obligation in advance
WHEN IT IS FOR THE BENEFIT OF THE DEBTOR
One where there is only one prestation
SIMPLE OBLIGATION
One where there are two or more prestation
COMPOUND OBLIGATION
One where there are several prestation and all of them are due
CONJUCTIVE OBLIGATION
One where one of two or more of the prestation is due. It may be alternative of facultative
DISTRIBUTIVE OBLIGATION
It is an obligation where the debtor is alternatively bound by different prestation, but the complete performance of one sufficient to extinguish the obligation
ALTERNATIVE OBLIGATION
It is an obligation where the debtor, who has a reserved right to choose another prestation or thing, is bound to perform one of the several prestation due or to deliver a thing as a substitute for the principal
FACULTAIVE OBLIGATION
Right to choose prestation in an alternative obligation
The right of choice belongs to the debtor
GENERAL RULE
Right to choose prestation in an alternative obligation
Unless it has been expressly given to the creditor or third person
EXCEPTION
One where there is only one obligor and one oblige
INDIVIDUAL OBLIGATION
One where there are two or more debtors and/or two or more creditors. It may be joint or solidary
COLLECTIVE OBLIGATION
One where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors
JOINT OBLIGATION
One where each one of the debtors is bound to render, and/or each one of the creditors has a right to demand entire compliance with the prestation
SOLIDARY OBLIGATION
