2 Principal Kinds of Condition:
Chapter 3 Different Kinds of Obligations
1. Suspensive
Condition
(Condition
Precedent or Condition Antecedent)
Primary Classification of Obligations under
-
give rise to an obligation (or right)
the Civil Code: 1. Pure and Conditional Obligations
-
3. Alternative
and
The
demandability
of
the
obligation is suspended until the
2. Obligations with a period
happening of the uncertain event
Facultative
which constitutes the condition
Obligations
2. Resolutory
4. Joint and Solidary Obligations 5. Divisible and Indivisible Obligations
Condition
(Condition
Subsequent)
-
6. Obligations with a Penal Clause
One the fulfillment of which will
One the fulfillment of which will extinguish an obligation (or right)
Secondary Classification:
already existing
1. Unilateral and Bilateral Obligations 2. Real and Personal Obligations Obligations
Distinctions between
3. Determinate and Generic Obligations Obligations
suspensive and resolutory conditions c onditions
4. Civil and Natural Obligations
5. Legal,
Conventional,
and
Penal
Obligations
Article 1179 Pure Obligations
-
When fulfilled
When does not take place
Is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable
When takes place
Suspensive The obligation arises The tie of the law (juridical or legal tie) does not appear
The existence of the obligation is a mere hope
Conditional Obligations
-
Is one whose consequences are subject in one way or another to the fulfillment of a condition
Condition
-
Is a future and uncertain event, upon 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
Resolutory The obligation is extinguished
The toe of the law (juridical or legal tie) is consolidated It affects flow, but over it hovers the possibility of termination
When obligation is demandable at once: 1. When it is pure 2. When it is subject to a resolutory condition
3. When it is subject to a resolutory period
Article 1180
2. Casual
Where duration of period depends upon the
-
will of debtor:
The condition depends upon 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
-
pay
The condition depends partly upon chance and partly upon
a.
Little by little
the will of a third person
b. As soon as possible c.
As to Mode:
From time to time
1. Positive
d. At any time I have the money
-
e. In partial payments f.
performance of an act
When I am in a position to pay
2. Negative
Article 1181
As to Numbers:
1. Acquisition of Rights (suspensive) of
Rights
The condition consists in the omission of an act
Effect of Happening of condition 2. Loss
The condition consists in the
already
1. Conjunctive
acquired
-
(resolutory)
There are several conditions and all must be fulfilled 2. Disjunctive
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
-
rise to the obligation The
The condition is susceptible of partial performance
2. Resolutory
-
2. Indivisible
happening
of
which
-
extinguishes the obligation
The
condition
susceptible
As to form:
There are several conditions
of
is
not partial
performance
1. Express
-
The condition is clearly stated 2. Implied
-
The
condition
is
merely
inferred
Potestative Condition
A condition suspensive in nature and which depends upon the sole will of one of the contracting parties
As to Cause or Origin: Where suspensive condition depends upon will
1. Potestative
-
The condition depends upon the
will
of
one
contracting parties
of
the
of debtor: 1. Conditional obligation void 2. Only the condition void
Where suspensive condition depends upon will of creditor:
Article 1184
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 chance or upon the will of a third person, the
The obligation is extinguished: 1. As soon as the time expires without the event taking place
obligation subject to it is valid.
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
Refers to negative condition
Where suspensive condition depends partly
-
upon the will of debtor
According to Manresa, the use of the word
An event that will not happen at a determinate time
‘exclusive’ (now ‘sole’) makes it clear that
conditional
obligations
whose
fulfillment
depends partly upon the will of the debtor and partly upon the will of a third person, or upon chance are perfectly valid.
The obligation shall become effective and binding: 1. From the moment the time indicated has elapsed without the event taking place
Article 1183
Refers to suspensive conditions
2. From the moment it has become 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, cannot exist or cannot be done
2. Legally impossible conditions
-
When they are contrary to law, morals, good customs, public order, or public policy
Article 1186
Requisites for the application of this article: 1. The condition is suspensive 2. The
obligor
actually
prevents
the
fulfillment of the condition 3. He acts voluntarily
Effect of Impossible Conditions:
Article 1187
1. Conditional obligation void
Retroactive effects of fulfillment of suspensive
2. Conditional obligation valid
condition:
3. Only the affected obligation void
1. In obligation to give
4. Only the condition void 2. In obligation to do or not to do
Retroactive effects as to fruits and interests in
3. Civil loss
obligations to give:
-
When a thing disappears in such a
1. In reciprocal obligations
way that its existence is unknown or even if known, it cannot be recovered, whether as a matter
2. In unilateral obligations
of fact or of law Rules
in
case
of
loss,
deterioration,
or
improvement of thing during pendency of suspensive condition: 1. Loss of thing without debtor’s fault
Article 1188
Rights
pending
fulfillment
of
suspensive
condition:
2. Loss of thing through debtor’s fault 3. Deterioration of thing without debtor’s
1. Rights of creditor a.
Take
fault
or
bring
appropriate
4. Deterioration of thing through debtor’s
actions for the preservation of his right
fault 5. Improvement of thing by nature or by
b. Go to court
time
2. Rights of debtor a.
6. Improvement of thing at expense of
Entitled to recover what he has
debtor
paid by mistake Usufruct
-
Article 1189
Requisites for application of this article:
Is the right to enjoy the use and fruits of a thing belonging to another
1. The obligation is a real obligation 2. The object is a specific or determinate thing
Article 1190
Effects of fulfillment of resolutory condition:
3. The obligation is subject to a suspensive
1. In obligation to give
conditions 4. The condition is fulfilled 5. There
is
loss,
deterioration,
or
2. In obligations to do or not to do
improvement of the thing during the pendency of the condition Kinds of loss (civil law):
Article 1191
Kinds of obligation according to the person
1. Physical loss
-
When a thing perishes as when a house is burned and reduced to ashes
obliged: 1. Unilateral
-
comply with a prestation
2. Legal loss
-
When
When only one party is obliged to
a
commerce
thing or
goes when
out a
of
thing
heretofore legal becomes illegal
2. Bilateral
-
When both parties are mutually bound to each other
-
Both parties are debtors and creditors of each other
Rescission without previous judicial decree 1. Where automatic rescission expressly stipulated
a. Reciprocal obligations
-
Are those which arise from the
2. Where contract still executory
same cause and in which each party is a debtor and creditor of the
other,
such
that
the
performance of one is designed condition for the performance
2. First infractor cannot be determined
Are those conditions which do not impose simultaneous and correlative
performance
on
both parties The performance of one party is not
dependent
upon
the
simultaneous performance by the other Remedies in reciprocal obligations: 1. Choice of remedies a.
Action for specific performance (fulfillment) of the obligation with damages
b. Action for rescission of the obligation also with damages 2. Remedy
of
rescission
of
compliance a.
breach: 1. First infractor known
b. Non-reciprocal obligations
-
2 situations where both parties are guilty of
to be the equivalent and the of the other. -
Article 1192
Principal action
b. Subsidiary action Limitations on right to demand rescission: 1. Resort to the courts 2. Power of court to fix period 3. Right of third person 4. Substantial violation 5. Waiver of right
non-
Kinds of period or term:
Article 1193
According to effect:
Obligation with a period
-
Is
one
whose
consequences
are
subjected in one or another to the
1. Suspensive period (ex die)
-
expiration of said period or term
The obligation begins only from a day certain upon the arrival of period
Period or term
-
2. Resolutory period (in diem)
Is a future and certain event upon the
-
The obligation is valid up to a day
arrival of which the obligation (or right)
certain
subject
arrival of the period
to
it
either
arises
day
certain
which
or
is
and
terminates
upon
terminated -
It
is
a
must
According to source:
necessarily come, although it may not
1. Legal period
be known when, like the death of a person
-
2. Conventional or voluntary period
Period As to fulfillment
Certain event
As to time
Refers only to future
As to effect, when left to debtor’s will
As to retroactivity of effects
Merely fixed the time for the efficaciousness of the obligation Depends upon the will of the debtor empowers the court to fix the duration thereof The arrival of period does not have any retroactive effect (unless there is an agreement to the contrary)
Condition Uncertain event May refer also to past event unknown to the parties
When it is agreed to by the parties
Period and Condition Distinguished
As to influence on the obligation
When it is provided for by laws
3. Judicial period
-
When it is fixed by the court
According to definiteness: 1. Definite period
-
When it is fixed or it is known when it will come
Causes an obligation either to arise or to cease
2. Indefinite period
-
When it is not fixed or it is not known when it will come
-
Where the period is not fixed but a period is intended, the courts
Depends upon the sole will of the debtor invalidates the obligation
are usually empowered by law to fix the same Article 1194
In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Article 1189 shall be observed.
The happening of a condition has retroactive effect
Article 1195
Debtor presumed aware of period No recovery in personal obligations
Article 1196
Article 1198
Exceptions to the general rule:
General Rule: the obligation is not demandable
1. Term is for the benefit of the debtor
before the lapse of the period.
alone 2. Term is for the benefit of the creditor
When obligation can be demandable before lapse of period:
Computation of term or period
1. When debtor becomes insolvent
Year = 365 days
2. When
Month = 30 days
debtor
does
no
furnish
guaranties or securities promised
Day = 24 hours
3. When guaranties or securities given
Night = from sunset to sunrise
have
been
impaired
or
have
disappeared Months designated by their names -
4. When debtor violates an undertaking
Computed by the number of days which they respectively have
In computing a period (Art. 13) st
-
1 day excluded
-
Last day included Article 1197
Refers to judicial period Court generally without power to fix a period
If the obligation does not state a period and no period is intended, the court in NOT authorized to fix a period. The courts have no right to make contracts
for
the
parties.
(Tolentino
vs.
Gonzales) Exceptions to the general rule: 1. No period is fixed but a period was intended 2. Duration of the period depends upon the will of the debtor Legal effect where suspensive period/condition depends upon will of debtor. Period fixed cannot be changed by the courts
5. When debtor attempts to abscond