This document discusses different types of conditions that can apply to obligations under Philippine law. It defines suspensive conditions as those that result in the acquisition of rights if fulfilled, and resolutory conditions as those that extinguish existing rights if fulfilled. It outlines various classifications of conditions, including whether they depend on chance, a party's will, or a third party's will. It also distinguishes possible conditions from impossible ones, and different types of conditions based on their effect, mode, divisibility, numbers, and form.
This document discusses different types of conditions that can apply to obligations under Philippine law. It defines suspensive conditions as those that result in the acquisition of rights if fulfilled, and resolutory conditions as those that extinguish existing rights if fulfilled. It outlines various classifications of conditions, including whether they depend on chance, a party's will, or a third party's will. It also distinguishes possible conditions from impossible ones, and different types of conditions based on their effect, mode, divisibility, numbers, and form.
This document discusses different types of conditions that can apply to obligations under Philippine law. It defines suspensive conditions as those that result in the acquisition of rights if fulfilled, and resolutory conditions as those that extinguish existing rights if fulfilled. It outlines various classifications of conditions, including whether they depend on chance, a party's will, or a third party's will. It also distinguishes possible conditions from impossible ones, and different types of conditions based on their effect, mode, divisibility, numbers, and form.
Suspensive – when the performance or fulfillment of the condition
results in the birth or acquisition of the rights contemplated in the
obligation. Article 1179 Resolutory – results in the extinguishment of the rights which have Every obligation whose performance does not depend upon a previously arisen out of the obligation. future or uncertain event, or upon a past event unknown to the As to Cause/Origin : parties, is demandable at once. Potestative – depends upon the will of the debtor Every obligation which contains a resolutory condition shall also Casual – depends upon chance and/or upon the will of the third be demandable, without prejudice to the effects of the happening person of the event. (1113) Mixed – depends partly upon the will of a party to the obligation and Bawat obligasyon na ang pagganap ay hindi nakadepende sa partly upon chance and/or the will of a third person. hinaharap o sa hindi tiyak na kaganapan o kaya sa nakalipas na pangyayari na hindi alam ng partido ay dapat maipatupad kaagad. As to Possibility: Bawat obligasyon na naglalaman ng napatigil na kondisyon ay dapat Possible – when the condition is capable of fulfillment according to maipatupad din ng walang pagkiling sa epekto ng mga pangyayari. nature, law, public policy or good customs. (Art. 1183) Discussion: Impossible – not capable of fulfillment according to nature, law, public or good customs. (Art. 1183) Condition – future and uncertain event upon which the existence or extinguishments of an obligation is made to depend. As to mode: Pure Obligation – one which does not contain any condition or term Positive – when the condition involves the doing of an act. (Art. 1184) upon which its fulfillment is made to depend. Negative – when the condition involves the omission of an act. (Art. Conditional Obligation – kind of obligation which is subject to 1184) condition. As to Divisibility Divisible – when the condition is susceptible of partial performance. 1. Suspensive (condition precedent/antecedent) – its fulfillment gives rise to the obligation, if not fulfilled, no obligation will arise. Indivisible – when the condition is not susceptible of partial performance. 2. Resolutory (condition subsequent) – extinguishes the obligation which is already existing. As to numbers: Past Event Unknown to the Parties to the Contract Conjunctive – when there are several conditions in an obligation and all of which must be performed. If it has happened – the obligation immediately exists purely and simply. Alternative – when there are several conditions in an obligation but only one must be performed. If it has not happened – there is no obligation at all. As to form : Application of Past Events Unknown to the Parties: When Proper Express – when the condition is expressly stated. The future knowledge or proof of the past event, but not the past event itself is the only possibility of applying a past event as a Implied – when the condition is not expressly stated but merely condition in an obligation. inferred from the conduct of the parties. Traditional Classifications of Conditions Classified by Manresa As to effect: