Two Kinds of Impossible Conditions

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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. If the obligation is divisible, that
part thereof which is not affected by the impossible or unlawful condition shall be valid.

The condition not to do an impossible thing shall be considered as not having been agreed upon.

This provision refers to suspensive conditions. It applies only to cases where the impossibility already existed at
the time the obligation was constituted.
Two Kinds of Impossible Conditions

(1) Physically impossible conditions


- cannot exist and cannot be done

(2) Legally impossible conditions


- contrary to law, morals, good customs, public order, or public policy

Effect of Impossible Condition

(1) Conditional obligations void


- annul the obligations and both obligation and condition are void.
- the obligor knows his obligation cannot be fulfilled and no intention to comply.

(2) Conditional obligation valid


- if the condition is negative, not to do an impossible thing, it is rendered pure and valid.
- may not be to give an impossible thing.

(3) Only the affected obligation void


- if the obligation is divisible, the part not affected shall be valid.

(4) Only the condition void


- if the obligation is a pre-existing obligation and does not depend upon the fulfillment of condition.

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