this means that the non-performance of the obligation was intentional or there

was intent to defraud the creditor or obligee.

committed to induce the creditor to enter into the obligation
committed in the performance of the obligation
This is actual breach of the contract which results in liability for the obligation.
The offended party may choose to file a criminal action or a civil action for
damages. There is no double recovery that is why a choice needs to be made.
Omission of required diligence
4

is any event which cannot be foreseen, or which, though foreseen, is inevitable.

those events which are common and which the contracting parties could
reasonable foresee
those events which are uncommon and which the contracting parties could not
have reasonably foreseen
is contracting for or receiving interest in excess of the amount allowed by law for
the loan or use money, goods, chattels or credits.
is a contract whereby one of the parties delivers to another, money, or other
consumable thing, upon the condition that the same amount of the same king and
quality shall be paid, it may be gratuitous or with a stimulation to pay interest.

one which cannot be contradicted, like the presumption that everyone is

conclusively presumed to know the law.

one which can be contradicted or rebutted by presenting proof to the contrary,

like the presumption established in Art. 1176

when prohibited by law like the rights in partnership, agency, and commodatum
which are purely personal in character
when prohibited by stipulation that upon the death of the creditor, the
obligation shall extinguished, or that the creditor cannot sign his credit to another.
is one whose performance does not depend upon a condition and is
demandable at once.
with a resolutory condition shall also be demandable considering the happening
of the event.
is one whose consequences are subject in one way or another to the fulfillment of a
condition.
a future or uncertain event, or a past event unknown to the parties
is a future and uncertain event, upon the happening of which, the acquisition or
extinguishment of an obligation (or right) subject to it depends.
 in order to constitute an event as a condition, it is not enough that it be future;
it must also be uncertain.

a condition may refer to a past event unknown to the parties. If it refers to a

future event, both its very occurrence and the time of such occurrence must be
uncertain; otherwise, it is not a condition.
on whose fulfillment will give rise to an obligation or demandability of the
obligation is suspended until the happening of the uncertain event which constitutes
the condition.
one whose fulfillment will extinguish an obligation (or right) already existing.

is a future and certain event upon the arrival of which the obligation subject to it
either arises or is extinguished.

rights are acquired upon the happening of the condition.

rights are lost by the happening of the condition.
a condition suspensive in nature and which depends upon the sole will of one of
the contracting parties

the suspensive condition depends on chance or on the will of a third person

the suspensive condition depends partly upon chance and partly upon the will of
a third person
during the pendency of the condition, there shall be a presumed mutual
compensation.
effects shall be determined by courts for positive and negative personal
obligations.
to recover overpayment.
to bring action to preserve his right.
Impairment in the use as a result of regular wear and tear or other factors that
lessen the usability of the thing
is an equitable remedy which allows a contractual party to cancel the contrac
any addition in the utility of the thing

a contract that allows the person to enjoy the possession of the thing
is a failure to exercise appropriate and/or ethical ruled care expected to be exercised
amongst specified circumstances.