Uy Assignment5

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LAWRENCE UY

Exercise no. 5

1. A will give B a bicycle. When is the obligation demandable?

 The obligation of A to give B a bicycle is immediately demandable because there is no


condition and no date is mentioned for its fulfillment. A’s obligation is considered as
Pure Obligation.

2. A will give B P5,000 if the latter passes his Law 1 subject this semester. When is the
obligation demandable?

 A’s obligation of giving 5,000 to B is demandable only after the condition of passing the
Law 1 subject is fulfilled. Hence, when B fails the subject, he cannot demand the 5,000.
This situation is one of a suspensive condition.

3. A will give B P5,000 provided that if B fails his Law 1 subject this semester he shall
return the amount to A. When is the obligation demandable?

 The obligation is demandable on spot and in case B fails his Law1 subject, he shall have
to return the bicycle. Then the obligation will be demandable by A if B fails his subject.

4. I will pay you when my means permit me to do so. Is the obligation conditional?

 The conditional obligation of Y to kill W for 50,000 is void. Both the obligation and
condition are void because it is a legally impossible condition that is contrary to law and
morals.

5. X will give Y P50,000 if Y will kill W. What is the effect of the condition (on the
obligation)?

 The conditional obligation of Y to kill W for 50,000 is void. Both the obligation and
condition are void because it is a legally impossible condition that is contrary to law and
morals.

6. A will give B P10,000 if A decides to sell his house. What is the effect of the condition?

 The conditional obligation is void because the validity and compliance is left to the will
of A and it cannot, therefore, be easily demanded. In order not to be liable, the debtor will
not just fulfill the condition. There is no burden on the debtor and consequently, no
juridical tie is created.
7. X agrees to give his car to Y if Y passes the medical board examination. Before the
result is release the house is totally destroyed by accidental fire and subsequently Y is
one of the successful examinees. What is the effect?

 Since the car/house was loss without the fault of the debtor, the obligation is extinguished
and X is not liable. A person, as a general rule, is not liable for a fortuitous event.

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