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Conditional Obligations

Pedro promised to give his grandson a car if he passed the bar exam. When his grandson passed, Pedro refused to give the car, claiming the condition was potestative. However, the condition was not potestative as it did not depend solely on Pedro's will. Even if it was potestative, it would still be valid since it depended on the grandson's actions, not Pedro's.

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241 views1 page

Conditional Obligations

Pedro promised to give his grandson a car if he passed the bar exam. When his grandson passed, Pedro refused to give the car, claiming the condition was potestative. However, the condition was not potestative as it did not depend solely on Pedro's will. Even if it was potestative, it would still be valid since it depended on the grandson's actions, not Pedro's.

Uploaded by

liks5poyongan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Conditional Obligations (2000)

Pedro promised to give his grandson a car if the latter will pass the bar examinations. When his
grandson passed the said examinations, Pedro refused to give the car on the ground that the
condition was a purely potestative one. Is he correct or not?

SUGGESTED ANSWER:

No, he is not correct. First of all, the condition is not purely potestative, because it does not
depend on the sole will of one of the parties. Secondly, even if it were, it would be valid because
it depends on the sole will of the creditor (the donee) and not of the debtor (the donor).

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