ART. 1189.

When the conditions

have been imposed with the
intention of suspending the efficacy
of an obligation to give, the
following rules shall be observed in
case of the improvement, loss or
deterioration of the thing during the
pendency of the condition:

Requisites for application of
article 1189.

(1) The obligation is real
obligation;

(2) The object is a specific or
determinate thing;
(3) The obligation is a subject to a
suspensive conditions

(4) The condition is fulfilled; and

(5) There is loss, deterioration, or
improvement of the thing during
the pendency of the condition
Kinds of loss

Loss in civil law may be:

(1) Physical loss
(2) Legal loss
(3) Civil loss
Rules in case of loss, deterioration, or
improvement of thing during pendency
of suspensive condition.
(1) Loss of thing without debtors
fault.
(2) Loss of thing through debtors
fault.
(3) Deterioration of thing without
debtors fault
(4)Deterioration of thing through
debtors fault

(5)Improvement of thing by nature
or by time

(6)Improvement of thing at expense
of debtor
Usufruct is the right to enjoy
the use and fruits of a thing
belonging to another.

- The usufructuary may set off the
improvements he may have made
on the property against any
damages to the same.
ART. 1190. When the conditions
have for their purpose the
extinguishment of an obligation to
give, the parties, upon the fulfillment
of said conditions, shall return to
each other what they have
received.
In case of loss, deterioration or
improvement of the thing, the provisions
which, with respect to the debtor, are laid
down in the preceding article shall be
applied to the party who is bound to return.

As for obligation to do and not to do,
the provisions of the second paragraph of
article 1187 shall be observed as regards
the effect of the extinguishment of the
obligation.
Effects of fulfillment of
resolutory condition:


(1)In obligation to give

(2)In obligation to do or not to do