ObliCon: Chapter 3 Section 1

DEFENITION OF TERMS DEFENITION OF TERMS

Pure Obligation Loss of Rights

- no condition and no date - with resolutory condition,
- immediately demandable extinguishment depends on
happening of event
Conditional Obligation
- consequence subject to Express Condition
fulfillment of condition - clearly stated

Condition Implied Condition

- future and uncertain - only inferred
- effectivity or extinguishment of
obligation/right Possible Condition
- capable of fulfillment
Future and Uncertain
- event that is unknown and non- Impossible Condition
existent. - not capable of fulfillment

Past but Unknown Potestative Condition

- past event unknown - will of only one party
- knowledge to be acquired in the
future from past event. Casual Condition
- chance or will of third party
Suspensive Condition
- precedent/antecedent Mixed Condition
- fulfillment will give rise to an - partly chance and partly will of
obligation/right third party
- obligation is suspended until a
certain event Positive Condition
- performance of act
Resolutory Condition
- subsequent Negative Condition
- fulfillment will extinguish an - omission of act
obligation/right
Conjunctive Condition
Period - all conditions must be fulfilled
- future and certain
- arrival will give rise or extinguish Disjunctive Condition
obligation/right - atleast one condition must be
fulfilled
Acquisition of Rights
- with suspensive condition, Divisible Condition
acquisition depends on - can be partially performed
happening of event
Indivisible Condition
- cannot be partially performed
 ObliCon: Chapter 3 Section 1
DEFENITION OF TERMS DEFENITION OF TERMS

Article 1183 Legal Loss

- refers to suspensive conditions - when a thing goes out of
- applies to cases where commerce or becomes illegal
impossibility already existed at
creation of obligation Civil Loss
- when a thing disappears or
Article 1266 cannot be recovered.
- applies to cases where
impossibility arises after creation Usufruct
of obligation - right to enjoy the use and fruits of
a thing belonging to another.
Physically Impossible Conditions
- cannot exist or be done Unilateral Obligation
- only one party has obligation
Legally Impossible Conditions
- contrary to law, morals, or Bilateral Obligations
policies. - both parties have obligation

Article 1186 Reciprocal Obligations

- does not apply if the act of the - same cause
obligor is in the exercise of a right - each party is both debtor and
- applies to cases where condition creditor
is resolutory with respect to - performance is equivalent and is
debtor who must return what he the condition for the performance
received of the other party.

Physical Loss Non-reciprocal Obligations

- when a thing perishes - does not impose simultaneous
and correlative performance
 ObliCon: Chapter 3 Section 1
CONDITIONS AND OBLIGATIONS VOID OR VALID

CONDITIONS VOID VALID

Suspensive If will of debtor (if If will of creditor
Condition obligation is pre-existing,
only the condition is void)
Resolutory If condition is resolutory
Condition in nature although its
fulfillments depends on
debtor
Casual If suspensive condition
Condition depends on casual
condition
Mixed If suspensive condition
Condition depends on mixed
condition
Suspensive If conditional obligations If conditional obligations
Condition whose fulfillment whose fulfillment
depends depends entirely on will depends partly on will of
partly on Will of debtor debtor, partly on will of
of Debtor third party, or chance

Impossible If impossible conditions

Conditions that annul the obligation
If condition is negative,
not doing an impossible
thing
If divisible obligation, If divisible obligation,
parts impossible parts not impossible
If obligation is pre-
existing and does not
depend on impossible
condition, only the
condition is void
 ObliCon: Chapter 3 Section 1
ENUMERATION ENUMERATION

Classification ff Conditions: An Obligation shall become effective

1. Effect (Negative Condition):
- Suspensive & Resolutory 1. From the moment the time
2. Form indicated has elapsed without the
- Express & Implied event taking place
3. Possibility 2. From the moment it has become
- Possible & Impossible evident that the event cannot
4. Cause/Origin occur, although time indicated
- Potestative, Casual, & Mixed has not yet elapsed
5. Mode
- Positive & Negative Constructive Fulfillment of Suspensive
6. Numbers Condition:
- Conjunctive & Disjunctive 1. Suspensive Condition
7. Divisibility 2. Obligor prevents fulfillment
- Divisible & Indivisible 3. Obligor volunteers

Characteristics of a Condition: Retroactive Effects of Fulfillment of

1. Future and Uncertain Suspensive Condition:
2. Past but Unkown
Retroactive Effects as to Fruits and
When Obligation Is Demandable At Interests in Obligations to give:
Once:
1. Pure Rights Pending Fulfillment of
2. Resolutory Condition Suspensive Condition:
3. Resolutory Period 1. Rights of Creditor
2. Rights of Debtor
Where duration of Period depends upon 3.
the Will of Debtor:
1. The debtor promises to pay when
his means permit him to do so
2. Other cases

Effect of happening of Condition:

1. Acquisition of Rights
2. Loss of Rights

Kind of Impossible Conditions:

1. Physically Impossible Conditions
2. Legally Impossible Conditions

An Obligation extinghuishes (Positive

Condition):
1. As soon as the time expires
without the event taking place
2. As soon as it has become
indubitable that the event will not
take place although the time
specified has not expired