Professional Documents
Culture Documents
BIM1
BIM1
1. Pure Obligation is an obligation whose performance does not depend upon a future or uncertain
event or upon a past event unknown to the parties and which is demandable at once. There is
nothing to exempt the obligor from compliance therewith. On the other hand, Conditional
Obligation is an obligation where the acquisition of rights,as well as the extinguishment or loss
of those already acquired, shall depend upon the happening of the event which constitute the
condition. In a nutshell, Pure Obligation is an obligation which is not subject to terms or
condition while Conditional Obligation is an obligation which is subject to condition.
2. Suspensive Condition is the fulfillment of the condition results in the acquisition of rights arising
out of the obligation.On the other hand, Resolutory Condition is the fulfillment of the condition
results in extinguishment of rights arising out of the obligation. In Suspensive condition, rights
are not yet acquired, but there is a hope or expectancy that they will soon be acquired while in
Resolutory Condition, rights are already acquired, but subject to the threat of extinction.
3.
A suspensive condition is a future or uncertain event, the happening of which give birth to the
obligation.
(ex.) Algy Reguir Promises to give Miss Capio a condo unit if she pass the bar exam.
The obligation cannot be demanded at once bur becomes demandable only upon Miss Capio passing the
Bar.
(ex.) A promises to pension B in the amount of five thousand per month until such time that she gets
married.
The obligation to give monthly pension starts immediately. But the moment B is married the obligation
stops. Marriage is the resolutory condition as it extinguishes the obligation.
Conditional obligation is one whose consequences aresubject in one way or another to the fulfillment of
acondition.A conditional obligation is one whose demandability orextinguishment depends upon the
happening condition. There is a condition imposed in its performance.
Example: 1. “I will give you my car if you pass the CPA Examination” thecondition here is suspensive. You
may not demand thedelivery of my car until you pass the CPA Examination
3. “I will let you use my car until you pass the CPA Examination” the condition here is resolutory.
You may demand the delivery of the car now but you must return it to me when you pass the
CPA Examination
TRUE 2. Conditional obligation is one whose consequences are subject in one way or another to
TRUE 5. When the fulfillment of the condition depends upon the sole will of the debtor, the
FALSE 6. Potestative condition is where the condition is resolutory and depends upon the sole will
TRUE 7. When the thing deteriorates without the fault of the debtor, the debtor shall have no other
TRUE 9. The debtor may recover what during the same time he has paid by mistake in case of a
Suspensive condition.
TRUE 10. If the condition is negative, that is, not to do an impossible thing, it is disregarded and