1. The document discusses different types of obligations under civil code, including pure and conditional obligations, obligations with a period, and alternative obligations.
2. It defines characteristics of conditions, specifically that they must be future and uncertain events. It also describes the two principal kinds of conditions - suspensive and resolutory conditions.
3. Suspensive conditions give rise to obligations if fulfilled, while resolutory conditions extinguish existing obligations if fulfilled. The document provides examples to illustrate these concepts.
1. The document discusses different types of obligations under civil code, including pure and conditional obligations, obligations with a period, and alternative obligations.
2. It defines characteristics of conditions, specifically that they must be future and uncertain events. It also describes the two principal kinds of conditions - suspensive and resolutory conditions.
3. Suspensive conditions give rise to obligations if fulfilled, while resolutory conditions extinguish existing obligations if fulfilled. The document provides examples to illustrate these concepts.
1. The document discusses different types of obligations under civil code, including pure and conditional obligations, obligations with a period, and alternative obligations.
2. It defines characteristics of conditions, specifically that they must be future and uncertain events. It also describes the two principal kinds of conditions - suspensive and resolutory conditions.
3. Suspensive conditions give rise to obligations if fulfilled, while resolutory conditions extinguish existing obligations if fulfilled. The document provides examples to illustrate these concepts.
Different Kinds of Obligation CHARACTERISTICS OF CONDITION
Classification of Obligations i. Future and Uncertain – it must be both to distinguish pure 1. Primary classification of obligations obligation from both the under the civil code conditional obligation and one a. Pure and conditional obligations with a period. (ARTS 1179-1192) ii. Past but Unknown – refer to a b. Obligations with a period (ARTS past event to unknown to the 1193-1198) parties. If it’s a future event, both c. Alternative (ARTS 1199-1205) the occurrence and the time should be uncertain. It should not be impossible. SECTION 1.A. PURE & CONDITIONAL OBLIGATIONS TWO PRINCIPAL KINDS OF CONDITION 179 – If an obligation whose performance does not depend on future (uncertain) event, 1. Suspensive condition (condition upon a past even unknown to parties, precedent or condition antecedent) – contains resolutory condition is will give rise to an obligation. The DEMANDABLE. demandability of the obligation is suspended until the happening of the Definitions uncertain event which constitutes the Pure Obligation – is not subject to any condition. condition and no specific fate is mentioned for its fulfillment and is immediately e.g. Ibebenta ni Kimm iyong demandable. sasakyan na ipapamana sa kaniya base sa will, hangga’t hindi pa niya e.g. Nangutang si Zar kay Kimm ng 200, nafu-fulfill iyong condition (maging obligado siya magbayad pero di siya owner ng sasakyan), hindi pa nagsabi ng oras o kundisyon. Automatic na demandable yung obligasyon pwedeng magdemand si Kimm ng oras at . kundisyon na gusto niya. 2. Resolutory condition (condition or subsequent) – one the fulfillment of which will extinguish an existing Nakipagsunduan si Zar na bayaran iyong obligation. utang niya sa kundisyon ni Kimm, automatic na demandable iyong obligasyon. e.g. Obligado suportahan ang anak ng magulang na bigyan ito ng Conditional Obligation – consequences are pangsustento hangga’t hindi pa subject in one way or another to the natatapos ang kundisyon na fulfillment of a condition. Condition, in makapagtapos ito sa pagaaral. definition is a future and uncertain event, upon the happening of which, the effectivity or an extinguishment of an obligation. OBLIGATIONS AND CONTRACTS SUMMARY
Differences of suspensive and resolutory natatanggap iyong notice hindi pa niya
conditions pwedeng gampanan iyong obligasyon niya. SUSPENSIVE RESOLUTORY If fulfilled, If fulfilled, obligation arises. obligation 1180 – If a debtor binds himself to pay when extinguish. he was told to, the obligation is deemed with If it does not take If it does not take a period. place, the tie of the place, the tie of the Period – a future and certain event upon the law does not law is consolidated. appear. arrival of which the obligation subject to it Until it takes place, Until it takes place, either arises or is extinguished. the existence of its effect floe but CASES: obligation is a mere over it hovers the hope. possibility of a. If the debtor promises to pay when termination. his means permit to do so. He is only left with the duration. If there is no duration decided, the court will fix Obligation is DEMANDABLE if: the same on the application of both. It is PURE b. Little by little It is subject to RESOLUTORY c. ASAP condition d. From time to time It is subject to RESOLUTORY e. Pag mayroon na akong pera period f. In partial g. Kapag nasa posisyon na kong Past events unknown to the parties magbayad A condition refers only to an uncertain and future event. A past event cannot be said to be a condition since the 1181 – In conditional obligations, the demandability of an obligation subject to a acquisition of rights and extinguishment/loss condition depends upon whether the event of acquired depends upon the happening of will happen or will not happen. the event which constitutes the condition.
It is contemplated by law through the EFFECT of happening of condition
knowledge acquire in the future of a past 1. Acquisition of rights – If subjective event which now is unknown to the parties to suspensive cond., this act by the interested, for it is only in that sense that can creditor depends upon the happening be deemed uncertain. It determines if of event. It is an efficacity and obligation will arise. obligatory force. If it does not take e.g. Nagpadisconnect si Zar sa dati niyang place, it does not exist. internet server at hindi pa siya nabibigyan ng notice. Nangako si Zar na magpaconnect e.g. Maari lang makuha ni Zar iyong sa ibang server, ngunit hangga’t di pa niya ipapamana sa kaniya kung nakasulat sa testament ay kailangang OBLIGATIONS AND CONTRACTS SUMMARY
pumanaw muna ang magpapamana
sa nasabing oras.
2. Loss of rights already acquired – If
subjective to resolutory cond., the happening of an event produces the extinguishment of this.
e.g. Napagkasunduan ni Kimm at ni
Zar na kapag naibenta ni Zar yung cellphone niya kay Kimm, maari niya itong bilhin uli pabalik. Mawawala ang rights acquired (cellphone) kay Kimm pag binili uli ito ni Zar.