Untitled Deck Flashcards
DIFFERENT KINDS OF OBLIGATIONS
PURE OBLIGATION
CONDITIONAL OBLIGATION
WHEN IS AN OBLIGATION DEMANDABLE AT ONCE?
- When it is pure.
- When it is subject to a resolutory condition
- When it is subject to a resolutory period.
DEBTOR TO PAY “WHEN HIS MEANS PERMIT”
Obligation is one with TERM or PERIOD
- “When my means permit to do so”
- “When I can afford it”
- “When I am able to”
- “When I have money”
A future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or rights) subject to it depends
CONDITION
PRINCIPAL KINDS OF CONDITION
SUSPENSIVE CONDITION
RESOLUTORY CONDITION
one the fulfillment of
which will give rise to
an obligation (or
right).
if the suspensive
condition is fulfilled,
the obligation arises
until the condition
takes place, the
existence of the
obligation is a mere
hope.
SUSPENSIVE
CONDITION
one the fulfillment
of which will
extinguish an
obligation (or right)
already existing.
if it is the resolutory
condition that is
fulfilled, the
obligation is
extinguished.
its effects flow, but
over it, hovers the
possibility of
termination
RESOLUTORY
CONDITION
THREE KINDS OF CONDITIONS
POTESTATIVE
CASUAL
MIXED
POTESTATIVE
Depends on the exclusive will
of one of the parties. (This is also called facultative condition.)
CASUAL
Depends on chance OR upon the
will of a third person.
MIXED
Depends upon the will of one of the contracting parties and other circumstances,
including the will of third persons or chance.
CONDITIONS (VOID)
IMPOSSIBLE
ILLEGAL
[physically (to make a dead man
live); logically (to make a circle that is at the
same time a square (illogical condition)].
IMPOSSIBLE
prohibited by good customs, public
policy; prohibit-ed, directly or indirectly, by
law, like killing X, a friend].
ILLEGAL
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 specified
has not yet expired.
POSITIVE CONDITION
an 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 elapsed.
NEGATIVE CONDITION
EFFECTS OF FULFILLMENT OF SUSPENSIVE
CONDITIONS
Retroactivity
No Retroactivity
The obligation becomes
effective to the day the obligation was constituted.
Retroactivity
- fruits or interests.
- period of prescription ( the period runs from
the day the condition was fulfilled, because it can
be enforced only from said date.
No Retroactivity
NO RETROACTIVE EFFECTS AS TO FRUITS AND
INTERESTS
Unilateral Obligations
Reciprocal Obligations
debtor gets the fruits
and interests unless there is a contrary intent
Unilateral Obligations
The fruits and
interests during the pendency of the condition shall (for the purpose of convenience and practical effectiveness) be
deemed to compensate each other (even though they really be unequal)
Reciprocal Obligations
If not allowed to take the appropriate actions,
there is a danger the creditor will receive nothing, as when the object is deliberately destroyed, or hidden, or alienated.
ACTIONS TO PRESERVE CREDITOR’S RIGHTS
What was paid by mistake may be recovered
be- cause, after all, the condition may not
materialize. In the meantime, the debtor has
lost the use of the object. It is unfair for the
creditor to unjustly enrich himself. This is a
case of SOLUTIO INDEBITI (undue payment).
RIGHT OF DEBTOR TO RECOVER WHAT WAS PAID
BY MISTAKE
APPLICABILIT
1) the suspensive condition is fulfilled; and
2) the object is specific (not generic).
WHAT ARE THE THREE THINGS THAT MAY HAPPEN
TO THE OBJECT OF AN OBLIGATION PENDING THE
FULFILLMENT OF A SUSPENSIVE CONDITION?
A. The object may be lost
B. The object may deteriorate
C. The object may improve
A. The object may be lost
a) without the fault of the debtor
b) with fault of the debtor
c) partly with and partly without the fault of the
debtor
B. The object may deteriorate
a) without the fault of the debtor
b) with the fault of the debtor
c) partly with and partly without the fault of the
debtor
C. The object may improve:
a) by nature or by time
b) through the expense of the debtor
c) partly through nature or time and partly by the
debtor
right to cancel (or resolve) the contract or reciprocal obligations in case of nonfulfillment on the part of one.
RIGHT TO RESCIND
obligations where two parties are reciprocally obliged to do or give something
RECIPROCAL OBLIGATIONS
