Pure and Conditional Obligations

PURE Obligation

-one which does not contain any condition or PERIOD

term upon which its fulfillment is made to
-future and certain event upon the arrival of
depend and therefore immediately
which the obligation subject to it either arises
demandable.
or is extinguished.

CONDITIONAL Obligation
Where duration of period depends upon the
-kind of obligation which is subject to condition. will of debtor:

 Debtor promises to pay when his means

permit him to do so.
CONDITION
 When the debtor binds himself to pay
-future and uncertain event upon which the
existence or extinguishments of an obligation is
made to depend. Effect of happening of condition:

1. Acquisition of rights
CHARACTERISTICS OF A CONDITION 2. Loss of rights already acquired.

 FUTURE AND UNCERTAIN

 Must not be IMPOSSIBLE
Classification of Conditions:
 PAST BUT UNKNOWN
1. As to effect

a. Suspensive condition
TWO PRINCIPAL KINDS OF CONDITION
b. Resolutory condition
1. SUSPENSIVE CONDITION
2. As to form
2. RESOLUTORY CONDITION
a. Express

b. Implied
SUSPENSIVE Condition

-its fulfilment gives rise to the obligation, if not

3. As to numbers
fulfilled, no obligation will arise.
a. Conjunctive

b. Disjunctive
RESOLUTORY Condition

-extinguishes the obligation which is already

existing. 4. As to divisibility

a. Divisible
Pure and Conditional Obligations

b. Indivisible

5. As to Cause or Origin Effect of impossible conditions:

a. Potestative 1. Conditional obligation void - impossible

conditions void boththe obligation and the
b. Casual
condition.
c. Mixed
2. Conditional obligation valid – impossible
Potestative negative conditions render the obligation pure
and valid.
-where the suspensive condition (henceforth
known as potestative condition) depends upon 3. Only the affected obligation void - in divisible
the sole will of one of the contracting parties. obligations, with some part of it possible and
some impossible, the former shall be
Casual considered valid.
-where the suspensive condition depends either 4. Only the condition void - in a pre-existing
upon chance or upon the will of a third obligation and therefore does not depend upon
person/party. the impossible condition, only the latter is void
Mixed while the obligation still stands.

-where the suspensive condition depends partly

upon chance and partly upon the will of a third 7. As to mode
person/party.
a. Positive Condition
6. As to Possibility
b. Negative Condition
a. Possible

b. Impossible

Possible
-where the condition is physically and legally
possible to fulfill.
Impossible
-where the condition is physically and legally
not possible to fulfill
 Physically Impossible - when it is in the
nature of the condition to not be done
or to not exist.
 Legally Impossible - when the condition
can actually be done but is against the
laws, morals, customs, etc. of the
community.
Constructive fulfilment of suspensive
condition
There are three (3) requisites for the application
of this article:
1. The condition is suspensive.
2. The obligor actually prevents the
fulfillment of the condition; and
3. He acts voluntarily.
Constructive fulfillment of resolutory
condition.
- Article 1186 applies also to an
obligation subject to a resolutory
condition with respect to the debtor
Pure and Conditional Obligations

who is bound to return what he has
received upon the fulfillment of the
condition.
Retroactive effects of fulfillment of suspensive
condition:
a. In obligations to give
b. In obligations to do or not to do
In obligations to give
-An obligation to give subject to a suspensive
condition becomes demandable only upon the
fulfillment of the condition. However, once the
condition is fulfilled, its effects shall retroact to
the day when the obligation was constituted.
b. In obligations to do or not to do
-With respect to the retroactive effect of the
fulfillment of a suspensive condition in
obligations to do or not to do, no fixed rule is
provided.
Rights pending fulfillment of suspensive
condition:
a. Rights of creditor
b. Rights of debtor
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:
understood that the thing is lost when it
perishes, or goes out of commerce, or
disappears in such a way that its existence is
unknown or it cannot be recovered;
(3) When the thing deteriorates without the
fault of the debtor, the impairment is to be
borne by the creditor;
(4) If it deteriorates through the fault of the
debtor, the creditor may choose between the
rescission of the obligation and its fulfillment,
with indemnity for damages in either case;
(5) If the thing is improved by its nature, or by
time, the improvement shall inure to the
benefit of the creditor;
(6) If it is improved at the expense of the
debtor, he shall have no other right than that
granted to the usufructuary.
Requisites for application of Article 1189
 The obligation is real obligation
 The object is a specific or determinate
thing
 The obligation is subject to a suspensive
condition
 The condition is fulfilled
 There is loss, deterioration, or
improvement of the thing during the
pendency of the happening on one
condition.

(1) If the thing is lost without the fault of the

debtor, the obligation shall be extinguished;

(2) If the thing is lost through the fault of the

debtor, he shall be obliged to pay damages; it is