Dorothy Joy R.

Balona
FM21

Positive Obligation.

an act is to be performed.

This article refers to a positive (suspensive) condition the happening of an event at a

determinate time. The obligation is extinguished:

1. As soon as the time expires without the event taking place

2. As soon as it has become indubitable that the event will not take place although the time
specified has not expired.

Negative Obligation.

something will be omitted.

This provision speaks of a negative condition- that an event will not happen at a determinate
time. The obligation shall become effective and binding:

1. from the moment the time indicated has elapsed without the event taking place; or
2. from the moment it has become evident that the event cannot occur, although the time
indicated has not yet elapsed.

If no time is fixed, the circumstances shall be considered to arrive at the intention of the parties.
This rule may also be applied to a positive condition.

RIGHTS PENDING FULFILLMENT OF SUSPENSIVE CONDITION

1. Rights of creditor. He may take or bring appropriate actions for the preservation of his
right, as the debtor may render nugatory the obligation upon the happening of the
condition.
 2. Rights of debtor. He is entitled to recover what he has paid by mistake prior to the
happening of the suspensive condition. This right is granted to the debtor because the
creditor may or may not be able to fulfill the condition imposed and hence, it is not
certain that the obligation will arise.
Loss

Physical loss - when a thing perishes

Legal loss - when a thing goes out of commerce

Civil loss - a loss when a thing

 disappears as if its existence is unknown (a missing dog).
 cannot be recovered although the thing is known (a ring dropped in the sea)
 cannot be recovered through law (property lost through prescription)

OBLIGATIONS ACCORDING TO THE PERSON OBLIGED

Unilateral obligation - when only one party is obliged to comply with a prestation.

Bilateral obligation - when both parties are mutually bound to each other. Both parties are
debtors and creditors of each other. These can be reciprocal or non-reciprocal.

 Reciprocal obligations - each party is the debtor and the creditor of the other
 Non-reciprocal obligations - they do no impose simultaneous and correlative
performance on both parties