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1179-1192

1179-1192

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Published by Ja Dueñas

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Published by: Ja Dueñas on Aug 08, 2010
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08/28/2014

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ARTICLE 1179
Every obligation whose performance does not depend upon a failure or uncertain event unknown to the parties, isdemandable at once.Every obligation which contain a resulotory condition shall also be demandable, without prejudice to the effects of the happening of the event (1113)
*
Meaning
of Pur
e
Obl
igati
o
n:
one which is not subject to any condition and no specific date is mentioned for itsfulfillment and is, therefore, immediately demandable.*
Meaning
of Co
nditi
o
na
l Obl
igati
o
n:
one whose consequences are subject in one way or another to thefulfillment of a condition.
CONDITION
*
Co
nditi
o
n:
is a future and uncertain event, upon the happening of which, the effectivity or extinguishment of anobligation (or right) subject to it depends.CHARACTERISTICS:1)
 
F
uture and uncertain2)
 
Past but unknown*A condition must not be impossibleTWO PRINCIPLE KINDS O
F
CONDITION:1)
 
S
usp
en
s
ive
co
nditi
o
n
(condition precedent or condition antecedent)  fulfillment of which will give rise toan obligation or right 2)
 
R
e
sulo
ory co
nditi
o
n
(condition subsequent)  fulfillment of which will extinguish an existing obligationor right DISTICTION:1)
 
In suspensive obligation arises, in resulotory obligation is extinguished2)
 
If the first does not take place, the tie of the law (juridicial or legal tie) does not appear, while if it is theother, the tie of law is consolidated; and3)
 
Until the first takes place, the existence of the obligation is a mere hope while the second, its effectsflow, but over it hovers the possibility of termination.
WHEN OBLIGATION IS DEMANDABLE AT ONCE
When 1)
 
When it is pure2)
 
When it is subject to a resulotory condition or3)
 
When it is subject to a resulotory period
PAST EVENT KNOWN TO THE PARTIES
Since a condition refers only to uncertain and future events, a past event cannot be a condition since thedemandability of an obligation subject to a condition depends on the event happening or not. The lawcontemplates the knowledge to be acquired in the future of a past event which is at the moment i unknown to theparties interested.
 
 ARTICLE 1180
When the debtor binds himself to pay his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of the article 1197. (n)
WHERE THE DURATION O
F
THE PERIOD DEPENDS UPON THE WILL O
F
THE DEBTOR
*
P
e
r
i
o
d:
a future and certain event upon the arrival of which the obligation subject to it either arises or isextinguished.1)
 
The debtor promises to pay when his means permit him to do so*If the creditor and debtor cannot agree to a specific time of payment, the court shall fix the same on theapplication of the other party. (Art. 1197, par. 2)2)
 
Other Cases  as when the debtor binds himself to pay:a)
 
Little by littleb)
 
As soon as possiblec)
 
F
rom time to timed)
 
At any time I have the moneye)
 
In partial paymentsf)
 
When I am in a position to pay
 ARTICLE 1181
In conditional obligations, acquisitions of rights, as well as the extinguishment or loss of those already acquired shall depend upon the happening of the event which constitutes the condition. (1114)
E
FF
ECT HAPPENING O
F
CONDITION
Reiterates the distinction between a suspensive (antecedent) condition and a resolutory (subsequent) condition1)
 
 Acqu
i
s
iti
o
n
of r
ight 
s
 obligations subject to a suspensive condition, acquisition of rights by the creditordepends upon the happening of the event which constitutes the condition. The efficacy or obligatory force(as distinguished from demandability) is subordinate to the happening of a future and uncertain event. It follows that if suspensive condition does not take place then it will not be fulfilled, the parties would standas in the conditional obligation had never existed. During pendency of a suspensive condition the creditoronly has hope of getting the right.
*H 
eir example: The fortune will be with
if T dies in two years, otherwise
2)
 
Loss of r
ight 
s
a
lr
ead
y
a
cqu
i
r
ed
 
 In obligations subject to a resulotory condition, the happening of theevent it relation to the condition produces the loss of rights.
*G
raduate example: after graduating then support given by Y to T is extinguished since Y is only obligated tosupport T until he graduates.
 
 ARTICLE 1182
When the fulfillment of the obligation depends upon the sole of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take conformity with the provisions of this Code. (1115)
CLASSI
F
ICATIONS O
F
CONDITIONS
1)
 
 As
o
effect 
:
 
a)
 
Suspensive rise of obligation b)
 
Resolutory  extinguishment of obligation
2)
 
 As
o
 form
:
 
a)
 
Express clearly stated b)
 
Implied  merely inferenced
3
)
 
 As
o
 p
ossibility 
:
 
a)
 
Possible  condition is capable of fulfullment,legally and physicallyb)
 
Impossible  not capable of fulfillment 
4
)
 
 As
o
cause or origin
:
 
a)
 
Potestative  depends uponwill of one of thecontracting partiesb)
 
Casual  depends uponchance or will of a thirdpersonc)
 
Mixed  depends partlyupon chance and partly (a)and (b)
5
)
 
 As
o
mode
:
 
a)
 
Positive consists in performance of act b)
 
Negative  consists in omission of an act 
6
)
 
 As
o
numbers
:
 
a)
 
Conjunctive  several conditions, all must befulfilledb)
 
Disjunctive  several conditions, only some orone must be fulfilled
7)
 
 As
o
divisibility 
:
 
a)
 
Divisible susceptible of partial performance b)
 
Indivisible  not susceptible of partialperfornmance*
Po
te
s
tative
Co
nditi
o
n:
a condition suspensive in nature and which depends upon the sole will of one of thecontracting parties
WHERE SUSPENSIVE CONDITION DEPENDS UPON WILL O
F
DEBTOR
1)
 
Co
nditi
o
na
l obl
igati
o
n
 
v
o
id
 the potestative condition depends solely upon the will of the debtor, theconditional obligation shall be void because its validity depends on the will of the debtor therefore cannot be easily demanded. If the debtor does not fulfill the condition then he will not be held liable. No burden ondebtor and no juridicial tie is created.
Example: I will pay you after said condition has been done or will be done
2)
 
O
n
ly
the
co
nditi
o
n
 
v
o
id
 
 if obligation is pre-existing and therefore does not depend for its existenceupon the fulfillment by the debtor of the potestative condition, only the condition is void leaving unaffectedthe obligation itself. Condition not imposed on birth of obligation but on fulfillment.*
Example: D borrowed money from C payable within two months, D also promised to pay C after D sells hiscar to which C agreed.
ere, only the condition is void but not the pre-existing obligation of D to pay C 

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