Chapter 3 (Problems Section) page 118 to 119

1. C cannot demand to receive the payment from the borrower which is B because the
agreed due date has not yet passed nor expired. In accordance with Article 1182, the
conditional duty whose fulfillment depends in part on the debtor's will, and in part on the
third person's will, is perfectly valid. Regarding with this case, it indicates that the
creditor needs the third person to pay him no later than August 30 which is the agreed
due date but in the scenario, they compromise on the third person's promise to pay the
creditor if the third person only wishes to.
2. The debtor's obligation is void in accordance with Article 1182 which states the condition
upon the will of the debtor. If the creditor is not yet charged to the third party, the debtor
shall not be liable to pay the creditor. The said condition is called the suspensive situation
under which the duty exists only if the situation has already been fulfilled. If the creditor
has already compensated the third party, the debtor obliges himself to pay the creditor. If
the creditor has not yet performed his responsibility to the third party, he cannot claim
that the debtor pay him forthwith.
3. If the buyer does not fulfill his obligation to pay, the seller will choose between taking
compensation. The first remedy is taking action for particular results or fulfilling the
obligation with damages. The second remedy is taking action to cancel the obligation
with damages as well. The seller has the luxury of selecting only the one treatment rather
than both. If the creditor has chosen rescission, he would not be able to claim that the
buyer fulfill his duty. Similarly, if he wanted the buyer to satisfy his contract, he would
later not be able to exercise the rescission.
4. Yes. If I were the judge, I would offer a term or time for the purchaser's success to revoke
the seller in default. I will grant a rescission in default of the buyer to fulfil his obligation
on time. And the buyer had already paid the 10 years payment which is 83% of the price,
amounting to P200, 000 and with remaining balance of P40, 000 that is payable for two
yrs. The buyer is willing to fulfill his obligation to pay the balance of upkeep that cost
P40, 000 but needs time to do so because of his financial reversals, not because he doesn't
want to pay the balance he left to maintain.
5. If the obligation is pure, a duty can be claimed once if it is a pure duty that is not
suspended by any condition, whether it has been contracted without any condition, or if
the condition has been fulfilled if it is thus contracted. It's demandable straight away.
Their arrangement has no clear date and conditions for the borrower to seek payment to
the debtor of the said sum. On the other hand, if the obligation is subject to a resolutory
condition, the obligation will be extinguished upon the acknowledgement of this
provision because the duty has already been fulfilled. During the fulfillment of the
condition the creditor will demand the debtor. And last, if the obligation is subject ti a
resolutory period, during the process of fulfilling the contract, the creditor may demand
from the buyer. If the borrower and the debtor agree on the time after which the duty is
extinguished, the buyer will be required to pay the sum he has lent.