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Chapter 3 Oblicon Reviewer
Chapter 3 Oblicon Reviewer
termination
Conditional Obligations
- Is one whose consequences are subject
When obligation is demandable at
once:
in one way or another to the fulfillment
1. When it is pure
of a condition
2. When it is subject to a
resolutory
condition
Condition
3. When it is subject to a
resolutory
- Is a future and uncertain event, upon
period
the happening of which, the effectivity
or extinguishment of an obligation (or
right) subject to it depends
Characteristics of a Condition:
1. Future and Uncertain
2. Past but Unknown
Article 1180 2. Casual
Where duration of period depends upon the - The condition
depends upon
will of debtor: chance or
upon the will of a
1. The debtor promises to pay when his third person
means permit him to do so 3. Mixed
2. As when the debtor binds himself to - The condition
depends partly
pay upon chance
and partly upon
a. Little by little the will of a
third person
b. As soon as possible As to Mode:
c. From time to time 1. Positive
d. At any time I have the money - The condition
consists in the
e. In partial payments performance
of an act
f. When I am in a position to pay 2. Negative
- The condition
consists in the
Article 1181 omission of
an act
Effect of Happening of condition As to Numbers:
1. Acquisition of Rights (suspensive) 1. Conjunctive
2. Loss of Rights already acquired - There are several
conditions and all
(resolutory) must be fulfilled
2. Disjunctive
- There are
several conditions
Article 1182 and only one
or some of them
Classifications of Conditions: must be
fulfilled
As to effect: As to Divisibility:
1. Suspensive 1. Divisible
- The happening of which gives - The condition is
susceptible of partial
rise to the obligation performance
2. Resolutory 2. Indivisible
- The happening of which - The
condition is not
extinguishes the obligation susceptible
of partial
As to form: performance
1. Express
- The condition is clearly stated Potestative Condition
2. Implied - A condition suspensive
in nature and
- The condition is merely which depends upon the
sole will of
inferred one of the contracting
parties
As to Cause or Origin:
1. Potestative Where suspensive condition
depends upon will
- The condition depends upon of debtor:
the will of one of the 1. Conditional obligation
void
contracting parties 2. Only the condition
void
Where suspensive condition depends upon will Article 1184
of creditor: Refers to positive
(suspensive) condition
1. Obligation is valid - The happening of an event at
a
determinate time
Casual Condition
If the suspensive condition depends upon The obligation is extinguished:
chance or upon the will of a third person, the 1. As soon as the time
expires without the
obligation subject to it is valid. event taking place
2. As soon as it has become
indubitable
Mixed condition that the event will not
take place
The obligation is valid if the suspensive although the time
specified has not
condition depends partly upon chance and expired
partly upon the will of a third person.
Article 1185
Where suspensive condition depends partly Refers to negative
condition
upon the will of debtor - An event that will not
happen at a
According to Manresa, the use of the word determinate time
‘exclusive’ (now ‘sole’) makes it clear that
conditional obligations whose fulfillment The obligation shall become
effective and
depends partly upon the will of the debtor and binding:
partly upon the will of a third person, or upon 1. From the moment the time
indicated
chance are perfectly valid. has elapsed without the
event taking
place
Article 1183 2. From the moment it has
become
Refers to suspensive conditions evident that the event
cannot occur,
although the time
indicated has not yet
2 kinds of impossible conditions: elapsed
1. Physically impossible conditions
- When they, in nature of things, Article 1186
cannot exist or cannot be done Requisites for the application of
this article:
2. Legally impossible conditions 1. The condition is suspensive
- When they are contrary to law, 2. The obligor actually
prevents the
morals, good customs, public fulfillment of the
condition
order, or public policy 3. He acts voluntarily
Article 1197
Refers to judicial period