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Handout No. 3: Classification of Conditions
Handout No. 3: Classification of Conditions
Classification of Conditions –
(1) As to effect:
a) Suspensive – when the fulfillment of the condition results in the
acquisition (gives rise) of rights arising out of the obligation.
b) Resolutory – when the fulfillment of the condition results in the
extinguishment of rights arising out of the obligation.
(2) As to form:
a) Express – when the condition is expressly and clearly stated.
b) Implied – when the condition is merely inferred or tacit.
(3) As to possibility:
a) Possible – when the condition is capable of fulfillment, legally
(according to nature, law, public policy or good customs) and
physically.
b) Impossible – when the condition is not capable of fulfillment, legally or
physically.
(5) As to mode –
a) Positive – when the condition involves the performance of an act.
b) Negative – when the condition involves the non-performance/omission
of an act.
(6) As to numbers –
a) Conjunctive – when there are several conditions, all of which must be
fulfilled/realized.
b) Alternative – when there are several conditions, only one or some of
which must be fulfilled/realized.
(7) As to divisibility –
a) Divisible – when the condition is susceptible of partial performance.
b) Indivisible – when the condition is not susceptible of partial
performance.
Sources: The Law on Obligations and Contracts – Hector S. De Leon, 2012 ed.
Obligations and Contracts – Desiderio Jurado, 2011 edition
A. Villegas