CONDITION

 Is a future and uncertain event, upon the happening of which, the effectively
or extinguishment of an obligation (or right) subject to it depends.

CONDITIONAL OBLIGATION

 Is one whose consequences are subject in one way or another to the fulfillment
of a condition.

PURE OBLIGATION

 One which is not subject to any condition and no specific date is mentioned
for its fulfillment and is, therefore, immediately demandable.

Two principal kinds of condition

 RESOLUTORY CONDITION
 Which is demandable at once, but the happening of an event would extinguish
the obligation.
 SUSPENSIVE CONDITION
 One where the happening of an event gives rise to an obligation.

Obligations with a resolutory period

 Take effect at once, but terminate upon arrival of the day certain.

PERIOD OR A TERM

 A future and certain event upon the arrival of which the obligation subject to it
either arises or is extinguished.

INDICATIONS OF A TERM OR PERIOD:

 When the debtor binds himself to pay

 When his means permit him to do so
 Little by little
 ASAP
 From time to time
 As soon as I have the money
 In partial payment
 When in position to pay
Can the debtor perform the obligation before the expiration of such period?

 The creditor cannot demand the performance of the obligation before the
expiration of the designated period; neither can the debtor perform the
obligation before expiration of the period.

POTESTATIVE CONDITION

 A condition suspense in nature and which depends upon the sole will of the
contracting parties.

CASUAL CONDITION

 If the suspense condition depends upon chance or upon the will of a third
person, the obligation subject to it is valid.

MIXED CONDITION

 The obligation is valid if the suspense condition depends partly upon chance
and partly upon the will of a third person.

Article 1183

 Impossible conditions, those contrary to good customs or public policy and

those prohibited by law shall annul the obligation which depends upon them.

Remedies available to a creditor to preserve his rights before the fulfillment of the
obligation

 Action for prohibition  Action to set aside alienations

 Action to demand security  Actionagainst adverse possessors

Effects of loss deterioration and improvement in real obligation

 IF THE THING IS LOST WITHOUT THE FAULT OF THE DEBTOR, the

obligation shall be extinguished;
 IF THE THING IS LOST THROUGH THE FAULT OF TGE DEBTOR, he
shall be obliged to pay damages;
 WHEN THE THING DETERIORATES WITHOUT THE FAULT OF THE
DEBTOR, the impairment is to be borne by tge creditor;
 IF IT DETERIORATES THROUGH THE FAULT OF THE DEBTOR, the
creditor may choose between the rescission of the obligation and its
fulfillment
  IF THE THING IS IMPROVED BY ITS NATURE, the improvement shall
inure to the benefit of the creditor
 IF IT IS IMPROVED AT THE EXPENSE OF TGE DEBTOR, he shall have
no right than that granted to the usufructuary.

Requisites of Art 1189

 Must be real obligation

 Object is a specific/determinate thing
 Obligation is subject to a suspense condition
 The condition is fulfilled
 There is loss, deterioration/ improvement of the thing during the pendency of
the happening of the condition

BILATERAL OBLIGATION

 When both parties are mutually bound to each other making them both the
debtor and creditors of each other.

RECIPROCAL OBLIGATION

 Those which arise from the same cause and in which each party is debtor and
creditor of the other.
 A party cannot demand unless he complies or is ready to comply with obligation

NON-RECIPROCAL OBLIGATION

 Which do not impose simultaneous and correlative performance on both

parties

Obligations rendered void by certain conditions

A. Potestative

B. Impossible conditions

C. Those contrary to law, good customs, morals, public order or public policy

D. Not to do an impossible thing-not agreed upon

Effect of payment if it is made before the arrival of the period

The debtor may recover what he has paid including the fruits and interest if he is
unaware of the period

Knowing that the obligation is not yet due He cannot recover what he has paid.

GENERAL RULE: The period attached to the obligation is for the benefit of the both
parties

ALTERNATIVE OBLIGATION

 When two things are equally, due under an alternative. The obligor is bound to
render only one of two or more items of performance.

FACULTATIVE OBLIGATION

 Where one protestation has been agreed upon but the obligor may render
another substitution and where one thing is due but another is paid in its place

Right of choice

 The right of choice belongs to the debtor. Except:

When expressly granted to the creditor or expressly granted to a third person

LIMITATION (Debtor)

 He cannot choose those pretentions which are impossible, unlawful or which

could not have been the object of the obligation
 He has no more right of choice when among the pretentions whereby he
alternatively bound, only one is practicable
 He cannot choose the part of one pretention and part of another

SIMPLE OBLIGATION

 When a person who has a right of choice has communicated his choice and
that one choice is the only practicable one