Every Obligation Which Contains A Resolutory Condition Shall Also Be Demandable, Without Prejudice To The Effects of The Happening of The Event

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I.

Pure and Conditional Obligations  Mixed- depends partly upon the will of
one of the parties and partly a will of a
Art. 1179. Every obligation whose performance
third person.
does not depend upon a future or uncertain
e.g A contractor obliges himself to
event, or upon a past event unknown to the
repair x’s damages by an earthquake if
parties, is demandable at once.
found that the construction has defects
Every obligation which contains a resolutory contributed to the damage.
condition shall also be demandable, without
prejudice to the effects of the happening of the As to possibility:
event.
 Possible- as soon as the time expires
Pure obligations- no specific date, no condition without the event taking place/ the
or period. event will not take place although the
time isn’t expired.
e.g You promised Alice a brand new laptop. e.g. X obliges himself to give Y a land if Y
Conditional obligations- consequences are will marry AB within the year.
subject in one way or another.  Negative- evident that the event will
not occur
e.g You promised Alice a brand new laptop if e.g. X obliges himself to give Y a land if Y
she passes her exam tomorrow. will not marry AB within the year.
Characteristics: Loss- the thing or property that is the subject of
the obligation is no longer available or has been
 future or uncertain event
destroyed.
 past event but unknown
Deterioration- the thing or property has not
Kinds of condition:
been completely lost, but it has suffered some
 Suspensive condition- conditions that form of damage or impairment.
cause the birth of the obligation. (if
i. without debtor’s fault
condition take effect, there’s an
e.g X obliged himself to give Y his
obligation)
car worth 100k if Y sells his
e.g You promised Alice a brand new laptop property. The car was lost without
if she became valedictorian. the fault of X.
ii. with debtor’s fault
 Resolutory condition- these are the
e.g same example. The car was lost
conditions that caused the
with the fault of X. Y will demand
extinguishment of the obligation.
damages to X worth 100k.
(obligation already existing)
Improvement- the obligation has been
e.g You shoulder Alice’s tuition fee until she
enhanced or made better in some way.
graduates.
i. by nature, or time- value is
Art. 1181. In conditional obligations, the
increased/enhanced
acquisition of rights as well as the
e.g same example. If the market
extinguishment or loss of those already
value of X’s car increases, Y will
acquired shall depend upon the happening of
benefit.
the event which constitute the condition.
ii. at the debtor’s expense
As to cause or origin: e.g same example. X had the car
painted and changed at his
 Potestative- condition depends solely expenses. X has the right to use and
on the will of the debtor/creditor benefit from a property.
e.g. I will buy you a car if you will go to
the mall tomorrow. (Potestative-
Suspensive) II. Obligation with a Period- contractual or legal
e.g I will shoulder your living expenses obligation that is subject to the fulfillment of a
until you want. (Potestative- condition related to time.
Resolutory)
A. Period or Term
 Casual- depends upon chance and/or
will of a third person Certain event Uncertain event
e.g A contractor obliges himself to (sooner or later may
repair x’s damages that may cause by happen)
an earthquake within 10 years. future Past event unknown
Fixes the time of Causes obligation to they receive the agreed-upon amount or
efficaciousness arise/cease service at a later time.
Empowers the court Depends solely upon
to fix the duration the will of the debtor Debtor- the debtor may be granted extra
Doesn’t have any Has retroactive effect time to gather the necessary funds or
retroactive effect resources to fulfill their obligation.

Both- mutually beneficial to both parties,


Possible Period- e.g Christmas allowing them to meet their respective
needs and expectations.
Impossible Period- e.g February 30 or 24 hours
at work 2. Effects- it determines when the obligation
becomes due and enforceable. Until the
Kinds of Period/Term specified period elapses or the triggering
1. As to effect event occurs, the obligation is not yet due,
and neither party can demand
Suspensive (ex die)- makes the performance.
obligation demandable. 3. Presumption- the period is established for
Resolutory (in diem)- the benefit of both the debtor and the
terminates/extinguish the obligation creditor unless it is clearly established for
the benefit of one of them. In other words,
2. As to expression if the contract does not explicitly state who
benefits from the period, it is presumed to
Express- period/term is mentioned in
be for the benefit of both parties.
the contract or legal provision, making
it clear when the obligation becomes
due.

Implied- period/term is not mentioned


but is inferred from the circumstances,
actions of the parties, or the nature of
the obligation.

3. As to definiteness

Definite- fixed/known when will come

Indefinite- not fixed/not known when

4. As to source

Voluntary- agreed by both parties

Legal- provided by laws

Judicial- fixed by the court

Effect of payment in advance- if a debtor pays


in advance, they can fulfill their obligation
ahead of schedule, and the creditor cannot
demand payment again for the amount paid in
advance.

Note: Article 1197, par. 3- if the debtor makes a


partial payment, the creditor can apply it to the
most onerous part of the obligation. This
ensures that the debtor's payment is used
effectively to satisfy the most burdensome
portion of the obligation.

Benefit of a Period

1. For whose benefit

Creditor- the creditor may specify a future


date for payment or performance to ensure

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