Pure and Conditional Obligations Flashcards
What is a pure and conditional obligation?
Under Article 1179, a pure obligation is an obligation which is demandable at once, and a conditional obligation is an obligation of which its fulfillment or extinguishment depends upon a future and uncertain event.
What are suspensive and resolutory conditions? What are the provisions governing this type of conditional obligations?
Under Article 1181, a suspensive condition is a condition which gives rise to acquisition of rights. In other words, the obligation is only effective once the condition has been fulfilled or have happened.
A resolutory condition on the other hand, is a condition which gives rise to extinguishment of rights. In other words, it is demandable at once, but may be terminated if the condition has been fulfilled or have happened.
What are potestative, casual, and mixed conditions? What provisions governs these type of conditional obligation?
Under Article 1182, a potestative condition is a condition where the fulfillment of the obligation depends upon the will of any of the parties. A casual condition is a condition where the fulfillment of the obligation depends by chance or will of a third party. And a mixed condition on the other had, is a condition where the fulfillment of the obligation depends partly upon the will of any of the parties, and partly by chance or will of a third party.
If the potestative condition depends upon the sole will of the debtor, the conditional obligation is void. But if the condition depends exclusively upon the will of the creditor, the obligation will be valid.
What are impossible and possible conditions? What provisions governs these type of conditions?
Under Article 1183, a condition is impossible if it is not capable of realization according to nature, law, public customs and good moral. A condition is possible if it is capable of realization according to nature, law, public customs, and good moral.
As a general rule, if the conditional obligation has an impossible condition, it makes the obligation null and void. Exception to this rule is, (1) if the obligation is a divisible one, the unaffected portion therein will still be valid, (2) if the condition is not to do an impossible or unlawful thing, it will be deemed to not have been agreed upon, making the obligation demandable at once, and (3) if the fulfillment of the obligation do not rely on the impossible condition for its existence, only the condition is void.
What are positive and negative conditions? What provisions governs these type of conditions?
Under Article 1184, a positive condition is a condition that involves the performance of an act and under Article 1185, negative condition is a condition that involves the non-performance of an act.
Under the said provisions, a conditional obligation with a positive condition will be extinguished if (1) it has been indubitable that the event will not happen, or (2) the time for such act to be performed has expired.
Likewise, a conditional obligation with a negative condition will be demandable and effective when (1) the time has elapsed, and (2) it is indubitable that the event can not occur.
What is the doctrine of constructive fulfillment of suspensive condition?
Under Article 1186, the condition shall be deemed fulfilled when the debtor voluntarily prevents the fulfillment of the condition.
What is the rule if the specific thing in a conditional obligation is lost without the fault of the debtor? What if the specific thing is lost with the fault of the debtor?
Under Article 1189, if the specific thing in a conditional obligation is lost without the fault of the debtor, he will not be liable, and the obligation will be extinguished.
But if the specific thing is lost with the fault of the debtor, the debtor will be liable to pay damages.
What is the rule if the value of the specific thing in a conditional obligation deteriorates without the fault of the debtor? What if it involves the fault of the debtor?
According to Article 1189, if the value of the specific thing in a conditional obligation deteriorates without the fault of the debtor, the debtor will not be liable, and the creditor will be bear the deterioration.
But if the deterioration involves the fault of the debtor, the creditor may rescind the obligation and its fulfillment, or choose specific performance with indemnity for damages in either case.
What is the rule if the value of the specific thing in a conditional obligation improves by its nature or time? What if such improvement is at the expense of the debtor?
Under Article 1189, if the value of the specific thing in a conditional obligation improves by its nature or time, the improvement will be to the benefit of the creditor.
But if the improvement is at the expense of the debtor, the debtor will be granted usufructuary, where the debtor can enjoy the property of the creditor with the obligation of preserving its form and substance.
