Where resolutory condition depends upon the
will of debtor.
The obligation is valid although its fulfillment
depends upon the sole will of the debtor.
Casual condition.
(1) If the suspensive condition depends
upon chance or upon the will of a third
person, the obligation subject to it is
valid.
(2) When the fulfillment of the condition
does not depend on the will of the
obligor, but that on a third person who
can in no way be compelled to carry it
out, and it is found by the court that the
obligor has done all in his power to
comply with his obligation, his part of
the contract is deemed complied with
and he has a right to demand
performance of the contract by the
other party.
Mixed condition.
The obligation is valid if the suspensive
condition depends partly upon chance and
partly upon the will of a third person.
Where suspensive condition depends partly
upon the will of debtor
*if the compliance with the obligation still
depends upon that part of the condition whose
fulfillment depends upon the will of the debtor,
the obligation is void as it is within his power to
comply or not to comply with the same. The
situation is the same as if the condition depends
entirely upon the will of the debtor.
ART. 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.
When Article 1183 applies.
Article 1183 refers to suspensive conditions. It
applies only to cases where the impossibility
already existed at the time the obligation was
constituted. If the impossibility arises after the
creation of the obligation, Article 1266 governs.
Two kinds of impossible conditions.
(1) Physically impossible conditions. — when
they, in the nature of things, cannot exist or
cannot be done; and
(2) Legally impossible conditions. — when they
are contrary to law, morals, good customs,
public order, or public policy.
Effect of impossible conditions.
(1) Conditional obligation void.
(2) Conditional obligation valid.
(3) Only the affected obligation void.
(4) Only the condition void.
ART. 1184. The condition that some event
happen at a determinate time shall extinguish
the obligation as soon as the time expires or if it
has become indubitable that the event will not
take place.
Positive condition.
The obligation is extinguished:
(1) as soon as the time expires without the
event taking place; or
(2) as soon as it has become indubitable
that the event will not take place
although the time specified has not yet
expired.