QUESTIONS – ARTICLES 1207 to 1222

Any time type of question is acceptable such as true or false, multiple choice, identification or essay.

ARTICLE 1207

1. What are the obligations stated in Article 1179? (Pure obligation and Conditional obligation)

ARTICLE 1208

2. If X say “I will pay you when my means permit me to do so” It is an obligation with a period.
Why? (Because the law says so)

ARTICLE 1209

3. Explain the difference between suspensive and resolutory condition.

Suspensive condition – it is the acquisition of rights.
Resolutory condition – it is the extinguishment or loss of those already acquired.

ARTICLE 1210

4. Differentiate potestative, casual, and mixed conditions. Give an example for each.
a) Potestative condition – it depends on the sole will of the debtor.
Ex. A will give B 10,000 if A likes to.
b) Casual condition – depends exclusively upon chance.
Ex. A will give B 10,000 if C will win the lotto tomorrow.
c) Mixed condition – depends on the will of either the party and of a third person.
Ex. A will give B 10,000 if B will marry C this year.

ARTICLE 1211

5. What are the two types of impossible conditions? Explain.

a) Physically impossible obligation – things that cannot see or be done.
b) Legally impossible obligation – things that are contrary to law, moral, and good custom.

ARTICLE 1213

6. What kind of condition does Article 1184 suggests? (Positive condition)

ARTICLE 1214

7. What kind of condition does Article 1185 suggests? (Negative condition)

ARTICLE 1215

8. This applies also to an obligation subject to a ____ with respect to the debtor who is bound to
return what he has received upon the fulfillment of the condition. (Resolutory condition)
ARTICLE 1216

9. What is the second retroactive effect as to fruits and interests in obligations to give? (In
unilateral obligations)

ARTICLE 1217

10. What are the rights of the parties pending the fulfillment of a suspensive condition?
Rights of creditor – may bring appropriate actions for the preservation of his right, as
the debtor may render nugatory the obligation upon the happening of the condition.
Rights of debtor – is entitled to cover what he has paid by mistake prior to the
happening of the suspensive condition. (Solutio Indebiti)

ARTICLE 1218

11. When does this Article only apply?

a) Suspensive condition is fulfilled.
b) The object is specific, not generic.

ARTICLE 1219

12. How many effects are provided when resolutory condition is fulfilled? (5 effects)

ARTICLE 1220

13. Explain right to rescind.

Right to rescind – means the right to cancel or to resolve in case of reciprocal obligation
in case of non-fulfillment on the part of one. The power to rescind is given to the injured
party.

ARTICLE 1221

14. Rules where both parties are guilty of breach? (First infractor known and first infractor cannot
be determined)

ARTICLE 1222

15. Rules where both parties are guilty of breach? (First infractor known and first infractor cannot
be determined)