Download as pdf or txt
Download as pdf or txt
You are on page 1of 1

Article 1186.

The condition shall be deemed fulfilled when the obligor voluntarily prevents its
fulfillment.

This provision speaks of the doctrine of constructive fulfillment.

Requisites:
(1) The condition is SUSPENSIVE;
(2) The obligor ACTUALLY PREVENTS the fulfillment of
the condition;
(3) He acts VOLUNTARILY.

Malice or fraud is not required, as long as his purpose is to prevent the fulfillment of the condition.

No person shall profit by his own fault or bad faith.

Article 1186 does not apply if the act of the obligor is in the exercise of a right.

1187. The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact
to the day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal
prestations upon the parties, the fruits and interests during the pendency of the condition shall be
deemed to have been mutually compensated. If the obligation is unilateral, the debtor shall appropriate
the fruits and interests received, unless from the nature and circumstances of the obligation it should be
inferred that the intention of the person constituting the same was different.

In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the
condition that has been complied with.

Retroactive Effects of Fulfillment of Suspensive Condition:

(1) In obligations to give


- shall be demandable once the condition is fulfilled.
- once the condition is fulfilled, its effect shall retroact to the day when the obligation was constituted.
- the condition is only accidental element of the contract.
- an obligation exists without being subject to condition.
- the obligation should be considered from the time it is constituted and not from the time the condition is
fulfilled.

(2) In obligations to do or not to do


- no fixed rule is provided.
- the courts are empowered by the use of sound discretion and bearing the mind the intent of the parties, to
determine, in each case, the retroactive effect of the suspensive condition that has complied with.

Retroactive Effects as to Fruits and Interests in Obligations to Give :

(1) In reciprocal obligations


- no retroactivity because the fruits and interests during the pendency of the condition shall be deemed to have
been mutually compensated.
- necessary for purposes of convenience

(2) In unilateral obligations


- no retroactive effect because they are gratuitous.

You might also like