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ART. 1181. In conditional obligations, the (b) Casual.

— the condition depends


acquisition of rights, as well as the upon chance or upon the will of a third person;
extinguishment or loss of those already and
acquired, shall depend upon the happening of
(c) Mixed. — the condition depends
the event which constitutes the condition.
partly upon chance and partly upon the will of a
(1114)
third person.
Effect of happening of condition.
(5) As to mode.
(1) Acquisition of rights.
(a) Positive. — the condition consists in
(2) Loss of rights already acquired.
the performance of an act; and
ART. 1182. When the fulfillment of the condition
(b) Negative. — the condition consists
depends upon the sole will of the debtor, the
in the omission of an act.
conditional obligation shall be void. If it depends
upon chance or upon the will of a third person, (6) As to number.
the obligation shall take effect in conformity
with the provisions of this Code. (a) Conjunctive. — there are several
conditions and all must be fulflled; and
Classifications of conditions.
(b) Disjunctive. — there are several
(1) As to effect. conditions and only one or some of them must
be fulfilled.
(a) Suspensive. — the happening of
which gives rise to the obligation; and (7) As to divisibility.
(b) Resolutory. — the happening of (a) Divisible. — the condition is
which extinguishes the obligation. susceptible of partial performance; and
(2) As to form. (b) Indivisible. — the condition is not
susceptible of partial performance
(a) Express. — the condition is clearly
stated; and Meaning of potestative condition.
(b) Implied. — the condition is merely A potestative condition - a condition suspensive
inferred. in nature and which depends upon the sole will
of one of the contracting parties.
(3) As to possibility.
Where suspensive condition depends upon the
(a) Possible. — the condition is capable
will of debtor.
of fulfillment, legally and physically; and
(1) Conditional obligation void.
(b) Impossible. — the condition is not
(2) Only the condition void.
capable of fulfi llment, legally or physically.
Where suspensive condition depends upon the
(4) As to cause or origin.
will of creditor.
(a) Potestative. — the condition
If the condition depends exclusively upon the
depends upon the will of one of the contracting
will of the creditor, the obligation is valid.
parties;

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