Kinds of Obligations

1)Pure
2)Conditional
3)With a period
4)Alternative
5)Joint
6)Solidary
7)Divisible
8)Indivisible
9)With a penal clause

Art. 1179

Pure Obligation

- Not subject to any condition

- No specific date mentioned for its
fulfillment
- Demandable at once
- Ex. A student borrows money from a
seatmate.

Conditional Obligation
Condition – future or uncertain event,
or a past event unknown to the parties
Art. 1180 – Promise to pay when the means
permit is not a conditional obligation but a
one with a period

Art. 1181
2 Principal Kinds of Condition
a)Suspensive condition (precedent or
antecedent)
- Obligation is suspended
- Happening of the condition will give rise
to the obligation
- Ex. A bonus is given to a Salesman who
reach his quota.

b) Resolutory condition (subsequent)

- Obligation is demandable at once
- Happening of the condition will
extinguish the obligation
- Ex. The scholarship foundation
cancelled the scholarship after the
student scholar fails to meet the grade
requirement

Art. 1182 – Potestative condition –

happening of the condition depends on one
party
a)Suspensive potestative condition
depending on the sole will of the debtor
- VOID
 - Ex. I will pay my tuition if I pass this
course.

b) Suspensive potestative condition

depending on the sole will of the
creditor
- VALID
- Ex. I will deliver the books with cover if
you pay on time.

c)Resolutory potestative condition

depending on the sole will of the debtor
- VALID
- Happening of the condition merely
causes extinguishment of the
obligation.
- Ex. I will continue to pay your tuition
fee if I remain an employee of USC.

d) Resolutory potestative condition

depending on the sole will of the
creditor
- Same as resolutory condition in Art.
1181

e)Casual condition - Suspensive condition

depending upon chance or will of a
third person
- VALID
 - Ex. Contractor’s warranty
- Ex. I will let you occupy the room if the
present occupant would leave.

Art. 1183 – Impossible conditions

- VOID
- If divisible, the part not affected by the
condition is VALID.

2 kinds of impossible condition

a)Physical impossibility
b) Legal impossibility

Art. 1184 – Positive Condition

- Obligation is extinguished:
a)Time expires
Ex. The seller will give the agent
additional 5% commission if he is able
to sell within 30 days.

b) Indubitable that the event will not

happen
Ex. I will give you a college scholarship
if you graduate as valedictorian in
high school. The student failed a
subject in fourth year.
Art. 1185 – Negative condition
- Obligation is effective:
a)Time has elapsed.
Ex. Return of deposit if the lessee will
not leave within the contract period.

b) Evident that the event cannot

occur.
Ex. I will provide you with a
refrigerator if you will not carry other
softdrinks. The client disposes of all
the bottles of the competitor.