Different Kinds of

Obligations:
(Pure & Conditional
Obligations - NCC Articles
1179 to 1198)

Lesson Code: PRE_LAW1_03

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Pure Obligation

• Demandable at once
• Without a term or condition

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Period vs. Condition
• Period is certain; Condition is
uncertain
• Period fixes the time for the
efficaciousness of an
obligation; Condition causes
an obligation to arise or cease
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Period vs. Condition
• Period always refer to future;
Condition may be a past event
or future event

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Kinds of Condition
• Suspensive
• Resolutory

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Other kinds of condition
• Potestative condition
a. On the part of the debtor
b. On the part of the
creditor

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Other kinds of condition
• Casual condition (1182)
• Mixed condition (1182)
• Possible condition (1183)
• Impossible condition (1183) –
both obligation & condition is
void!
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What if an obligation
contains both impossible &
possible condition?
• Divisible
• Indivisible

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Negative impossible condition – it is as
if condition is not agreed upon, thus as
if no condition and hence demandable
at once.

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Art. 1186
The condition shall be deemed
fulfilled when the obligor
voluntarily prevents its
fulfillment.

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Art. 1187
Retroactive effect of the
happening of a suspensive
condition in an obligation to
give
See exceptions!

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Art. 1188
The creditor may, even before
the fulfillment of the condition,
bring the appropriate actions for
the preservation of his right
The debtor may recover what
during the same time he has paid
by mistake in case of a suspensive
condition
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Art. 1189 (during the
pendency of a suspensive
condition/period See. Art. 1194)
•Loss
•Deterioration
•Improvement
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Art. 1191
Power to rescind

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Art. 1192
Effect of breach of obligation

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Kinds of Period
• Suspensive
• Resolutory

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When court may fix the
period?

Article 1197

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When debtor loses the
benefit of the period?

Article 1198

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Next topic

• Alternative Obligation (Articles 1199 to

1206

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