Reading 3: Pure and Conditional Obligations

Article 1179: Every obligation whose performance does not depend upon a future or
uncertain event, or upon a past event unknown to the parties, is demandable at once.
Every obligation which contains a resolutory condition shall also be demandable, without
prejudice to the effects of the happening of the event.

Meaning of pure obligation

- Not subject to any condition and no specific date
- Immediately demandable

Meaning of conditional obligation

- Subject in one way or another to the fulfillment of a condition

Meaning of condition
- Future and uncertain event, upon the happening of which, the acquisition or
extinguishment of an obligation to it depends

Characteristics of a condition
1. Future and Uncertain
- It is not enough for an event to be future, it must also be uncertain
2. Past but unknown

Two principal kinds of condition

1. Suspensive condition (condition precedent or condition antecedent)
- Will give rise to an obligation
- Demandability of obligation is suspended until the happening of the uncertain
event
2. Resolutory condition (condition subsequent)
- Fulfillment of which will extinguish an obligation already existing

Distinctions between suspensive and resolutory conditions

1. Suspensive condition is fulfilled, obligation arises. Resolutory condition is fulfilled,
obligation is extinguished
 2. If the first does not take place, the tie of the law does not appear. If the second takes
place, the tie of the law is consolidated
3. Until the first takes place, the existence of the obligation is a mere hope. If the second
takes place, the effects flow, but it hovers the possibility of termination

When obligation is demandable at once

1. When it is pure
2. When it is subject to a resolutory condition
3. When it is subject to a resolutory period

Past event unknown to parties

- A past event cannot be said to be a condition since demandability of an obligation is
subject to whether an event will happen or not. What is contemplated by the law is the
knowledge to be acquired in the future of a past event which at the moment is unknown
to interested parties.