Rivera, Aeron C.

Buslaw

Section 1 pure and conditional obligations-

Art 1179

every obligation whose performance does not depend upon a future or uncertain events or upon a past
event unknown to the parties, is demandable

Every obligation which contains a resolutory shall also be demandable without prejudice to the effects
of the happening of the event.

Future or uncertain event that is a condition

(Subject to passing the CPA board examination subject to graduation provided that he has all the
subjects for the curriculum passed are exam of conditions future or uncertain event)

When you say condition, it could be a resolutory condition or suspensive condition

resolutory condition- its immediately demandable and when the condition happens will bring about the
extinguishment of the obligation.

suspensive condition- the condition shall not be delivered or perform until the suspensive conditions
happens.

The happening of a resolutory condition extinguishes the obligation but in suspense condition the
happening of the conditions gives rise to the obligation

Suspensive condition

(During the graduation the lcc last aug 27 the pres of the university announce that the school will award
100 thousand pesos for an alumni who will land in top 10 in any board examination. An alumni of lcc will
be entitled of 100k that will be given by lcc administration if alumni is in top 10 whatever examination.)
condition is landing to top 10.

resolutory condition

(Contract of lease agreed upon starts the time the reviewee starts for the review contract of least for
the condo unit it will end when he finishes taking the licensure examination for the specific year let’s say
the examination will be on oct 21 2022 agreement is from the start of the review up to the time that the
reviewee has taken the board examination. When he already taken the exam then the contract of least
automatically expired.)

. Definition

1. pure obligation -is not subject t any conditions and period is mentioned for its fulfillment and is
therefore immediately demandable

2. condition- is a future and uncertain event, upon the happening of which the effectivity or
extinguishment of the obligation subject to it depends

3. condition obligation- is one whose consequences are subject in way or another to fulfillment of a
condition
Rivera, Aeron C. Buslaw

Art 1180

when the debtor binds himself to pay when means permit to do do, the obligation shall be deemed to
be one with a period, subject to the provisions of article 1197

Art. 1181

in conditional obligations, the acquisition of right as well as the extinguishments or loss of those already
acquired, shall depend upon the happening of the evet constitute the conditions.

(a lease contract expressly stipulates that ‘R’ lessor, may terminate the lease in case his conditions shall
need the lease premises.)

Here happening of the condition depends upon the will of a third person.

Art. 1182.

When the fulfillment of the condition depends upon the sole will of the debtor, the conditional
obligation shall be void. If it depends upon chance or upon the will of the third person, the obligation
shall take effect in conformity with the provisions of this Code. (The chance is the earthquake the
chance that 3rd person necessity)

• valid if it depends upon the will of the creditor - Debtor will pay upon demand

- Pre-existing obligation will remain valid, even the subsequent condition depends upon the will of

the debtor.

• Depends upon chance

- Damage to building after earthquake, the contractor will reconstruct

upon determination by building experts that the materials used were sub-standard.

(The obligation arises when the chance has happen, when that condition of damage has happen the
constructors will reconstruct the building.)

Discussion:

• Potestative Condition

• Where suspensive condition depends upon the sole will of debtor.

Where suspensive condition depends upon the sole will of the creditor - will pay

upon demand

• Where resolutory condition depends upon the sole will of the debtor

• valid if it depends upon the will of the creditor

Debtor will pay upon

demand
Rivera, Aeron C. Buslaw

• Pre-existing obligation will remain valid, even the subsequent condition depends

upon the will of the debtor.

• Depends upon chance

and mixed

Pentracto,upon chaosstand mixed dePamaRation, builcini aiter garthauplet the

materials used were sub-standard. Pedro.

Art. 1183.

Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall
annul the obligation which depends upon them. If the obligation is divisible that part thereof which is
not affected by the impossible or unlawful condition shall be valid.

 The condition not to do an impossible thing shall be considered as not having been agreed upon.
Physically impossible conditions: If it will not rain within one year
 Legally impassible conditions: Will kill X; will not appear as witness in a criminal case - against
public policy

Obligation is divisible: I will give you a commission of P10,000 if you could sell my land and car and if you
kill Pedro. land and car an

Art. 1184

Art. 1184. The condition that some event happen at a determinate time shall extinguish the obligation
as soon as the time expires or if it has become indubitable that the event will not take place.

Illustrative Example:

X obliges himself to give B P10,000 if B will marry C before B reaches the age of 23.

To explain:

1. Before he reaches 23

2. At the age of 23

3. Dies at the age of 22

Art. 1185

The condition that some event will not happen at a determinate time shall render the obligation
effective from the moment the time indicated has elapsed, or if it has become evident that the event
cannot occur.

If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably
been contemplated, bearing in mind the nature of the obligation
Rivera, Aeron C. Buslaw

Illustrative Example:

X binds himself to give B P50,000 if B is not yet married to C on December 30.

Art. 1186.

The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.

Illustrative Example:

X agreed to give Y a 5% commission if the latter could sell the former's land at a certain price. Y

found a buyer who definitely decided to buy the property upon the terms prescribed by X. To evade

the payment of the commission agreed upon, X himself sold the to the buyer the property at a

lower price to the buyer the property at a lower price without the aid of y.