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