 Two kinds of impossible conditions.

I. Physically impossible condition

 Cannot exist or cannot be done.
II. Legally impossible conditions
 Contrary to law, morals, good customs, public order, or public
policy.

 Effect of impossible condition

I. Conditional obligation void
II. Conditional obligation valid
III. Only the affected condition void
IV. Only the condition void

ART. 1186

 There are three requisites for the application of this article:

I. The condition is suspensive;
II. The obligor actually prevents the fulfillment of the condition; and
III. He acts voluntarily

ART. 1187

 Retroactive effects of fulfillment of suspensive condition.

I. In obligation to give
 Becomes demandable only upon the fulfillment of the condition.
II. In obligations to do or not to do
 In obligation to do or not to do, no fixed rule is provided

 Retroactive effects as to fruits and interests in obligation to give.

I. In reciprocal obligations
 The conditions are deemed to have been mutually compensated.
II. In unilateral obligations
 Usually no retroactive effect because they are gratuitous.
 ART. 1188

 Rights pending fulfillment of suspensive condition.

I. Rights of creditor
II. Rights of debtor

ART. 1189

 Requisites for application of article 1189.

Article 1189 applies only if:
I. The obligation is real obligation.
II. The object is specific or determinate things;
III. The obligation is subject to a suspensive conditions;
IV. The condition is fulfilled; and
V. There is loss, deterioration, or improvement of the things during the
pendency of the condition.

 Kinds of loss
Loss in civil law may be:
I. Physical loss
 When a house is burned and reduced to ashes.
II. Legal loss
 When a things heretofore legal becomes illegal.
III. Civil loss
 When a things disappears in such a way that its existence is
unknown.

 Rules in case of loss, deterioration, or improvement of the things during the

pendency of the condition.
I. Loss of things without debtor’s fault.
II. Loss of things through debtor’s fault.
III. Deterioration of things without debtor’s fault.
IV. Deterioration of things through debtor’s fault.
V. Improvement of things by nature or by time.
VI. Improvement of things at expense of debtor.
 ART.1190

 Effects of fulfillment of resolutory condition

I. In obligation to give
 The parties are obliged to return to each other what they have
received under the obligation.
II. In obligation to do or not to do
 The courts in excise of discretion may even disallow retroactivity,
taking into account the circumstances of each case.

ART. 1191

 Kinds of obligation according to the person obliged

I. Unilateral
 One party is obliged to comply with a prestation.
II. Bilateral
 Both parties are mutually bound to each other.
a) Reciprocal obligation
 The equivalent and the condition for the performance of the other.
b) Non-reciprocal obligations
 Not impose simultaneous and correlative on both parties.

 Remedies in reciprocal obligations.

I. Choice of remedies.
II. Remedy of rescission for non-compliance.

 Liminations on right to demand rescission.

I. Resort to the courts.
II. Power of court to fix period.
III. Right of third person.
IV. Substantial violation.
V. Waiver of right

 Recession without previous juridical degree.

 I. Where automatic rescission expressly stipulated.
II. Where contract still executor.

SECTION 2.- OBLIGATION WITH A PERIOD

ART. 1193

 Obligation with a period

 Subjected in one way or another to the expiration or arrival of said period
or term.
 Period
 The obligation subject to it either arises or is terminated.

 Period and condition distinguished

I. As to fulfillment.
II. As to time.
III. As to influence on the obligation
IV. As to effect, when left to debtor’s will
V. As to retroactivity of effects.

 Kinds of a period or term.

I. According to effect:
a) Suspensive period
 The obligation begins only from a day certain
b) Resolutory period
 The obligation is valid up to a day certain
II. According to source
a) Legal period
 When it is provided for by laws;
b) Conventional or voluntary period
 When it is agreed to by the parties
c) Judicial period
 When it is fix by the court.
III. According to definiteness:
a) Definite period
  When it is fixed or it is known
b) Indianite period
 When it is not fixed or it is not known

SECTION 3. – ALTERNATIVE OBLIGATION

ART. 1199

 Kinds of obligation according to subject

I. Simple obligation
 There is only one prestation.
II. Facultative obligation
 Where only one prestation id due but the debtor may substitute
another.
 Alternative obligation
 Performance of one of them is sufficient
 A general rule belongs to the debtor

ART. 1201

 Communication of notice that choice has been made.

I. Effect of notice
 The obligation remains alternative
II. Proof and form of notice
 The law does not required any particular form regarding
ART. 1205

 Rule in case of loss before creditor has made choice.

 I. When a thing is lost through fortuitous event.
II. When a thing is lost through debtor’s fault.
III. When all the things are lost through debtor’s fault.
IV. When all things are lost through a fortuitous.

ART. 1206

 Facultative obligation
 Where only one prestation has been agreed

SECTION 4. - JOINT AND SOLIDARY OBLIGATION

ART. 1208

 Kinds of obligation according to the number of parties

I. Individual obligation
 There is only one obligor or one oblige.
II. Collective obligation
 There are two or more debtors and two or more creditor.

 Joint obligation
 The whole obligation is to be paid or fulfilled proportionately
by the different debtor.
 Solidary obligation
 Where each one of the debtor is bound to render

 When obligation solidary

Under article 1207, there is solidary liability only when:
I. The obligation expressly so state; and
II. The law requires solidarity
III. The nature of the obligation requires solidarity

 Kinds of solidarity
I. According to the parties bound
a) Passive solidarity
  The part of the debtors, where any one of them can be made
liable
b) Active solidarity
 Where any one of them can be demand the fulfillment of the
entire obligation.
c) Mix solidarity
 The part of the debtor and creditors, where each one of the
debtors is liable to render.
II. According to source
a) Conventional solidarity
 The obligation is only joint.
b) Legal solidarity
 Where solidarity is imposed by the law.
c) Real solidarity
 Is imposed by the nature of obligation.

ART. 1211

 Kinds of solidarity obligation according to the legal tie

I. Uniform
 The parties are bound by the same stipulations.
II. Non-uniform or varied
 When the parties are not subject to the same stipulations.

ART. 1218

 Prescription
 The lapse of time in the manner and under the conditions
laid down by law.

ART. 1222

 Defenses available to a solidary

I. Defenses derived from the nature of the obligation
II. Defenses personal to, or which pertain to share of, debtor sued.
 III. Defenses personal to other solidary debtors

 Kinds of penal clause.

IV. As to its origin
a) Legal penal clause
 When it is provided by law
b) Conventional penal clause
 When it is provided for by stipulation of the parties
V. As to its purpose
a) Compensatory penal clause
 Penalty takes the place of damages
b) Punitive penal clause
 Imposed merely as punishment for breach
VI. As to its demandability or effect:
a) Subsidiary or alternative penal clause
 When only the penalty can be enforce
b) Joint or cumulative penal clause
 The penal clause can be enforced