ARTICLE 1179

Meaning of Pure Obligation

Meaning of Conditional Obligation
Meaning of Condition
Characteristics of a condition
1. Future and uncertain
2. Past but unknown
Two Principal kinds of condition
1. Suspensive condition
2. Resolutory Condition
Distinctions between suspensive and resolutory conditions
When Obligation is demandable at once
Past event unknown to the parties
ARTICLE 1180
Where duration of period depends upon the will of debtor
- Period
1. Debtor promises to pay when his means permit him to do so
2. Other cases
- Little by little
- As soon as possible
- From time to time
- At any time I have the money
- In partial payments
- When I am in a position to pay
ARTICLE 1181
EFFECT OF HAPPENING OF CONDITION
1. Acquisition of rights
2. Loss of right already acquired
ARTICLE 1182
Classification of conditions
1. As to effect
a. Suspensive
b. Resolutory
2. As to form:
a. Express
b. Implied
3. As to possibility
a. Possible
b. Impossible
4. As to cause or origin
a. Potestative
b. Casual
c. Mixed
5. As to mode:
 a. Positive
b. Negative
6. As to numbers
a. Conjuctive
b. Disjunctive
7. As to divisibility
a. Divisible
b. Indivisible

Potestative condition
Where suspensive condition depends upon will of debtor
1. Conditional obligation void
2. Only the condition void
Where suspensive condition depends upon will of creditor
Where resolutory condition depends upon will of debtor
Casual Condition
Mixed condition
Where suspensive condition depends partly upon will of debtor
ARTICLE 1183
Two kinds of impossible conditions
1. Physically impossible condition
2. Legally impossible conditions
Effect of impossible condition
1. Conditional obligation void
2. Conditional obligation valid
3. Only the affected obligation void
4. Only the condition void
ARTICLE 1184
Positive condition
ARTICLE 1185
Negative condition
ARTCLE 1186
Constructive fulfillment of suspensive condition
Constructive fulfillment of resolutory condition
ARTICLE 1187
Retroactive effects of fulfillment of suspensive condition
1. In obligation to give
2. In obligation to do or not to do
Retroactive effects as to fruits and interests
1. In reciprocal obligations
2. In unilateral obligations
ARTICLE 1188
Rights pending fulfillment of suspensive
1. Rights of creditor
 2. Rights of debtor
ARTICLE 1189
Requisites for application of Article 1189
Kinds of Laws
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 debtor’s fault
2. Loss of thing through debtor’s fault
3. Deterioration of thing without debtor’s fault
4. Improvement of thing by nature or by time
5. Improvement of thing at expense of debtor
ARTICLE 1190
Effects of fulfillment of resolutory condition
1. In obligation to give
2. In obligation to do or not to do
ARTICLE 1191
Kinds of obligation according to the person obliged
1. Unilateral
2. Bilateral
3. Reciprocal obligations
4. Non reciprocal obligations
Remedies in reciprocal obligations
1. Choice of remedies
2. Remedy of recission for non-compliance
Court may grant guilty party term
Remedies are alternative
Limitations on right to demand rescission
1. Resort to the courts
2. Power of court to fix period
3. Right of third person
4. Substantial violation
5. Waiver of right
Recission without previous judicial decree
1. where AUTOMATIC RESCISSION EXPRESSLY STIPULATED
2. where CONTRACT STILL EXECUTORY
ARTICLE 1192
Where both parties are guilty of breach
1. Fist infractor known
2. First infractor cannot be determined