Kinds of Conditions Characteristics of Rescission

1. Suspensive (conditions precedent) 1. It exists only in reciprocal obligations

2. Resolutory (conditions subsequent) 2. It can be demanded only if the plaintiff is ready,
3. Potestative willing, and able to comply with his obligation,
4. Casual and the other is not
5. Mixed 3. The right to rescind is not absolute
6. Possible i) Trivial causes or slight breaches will not
7. Impossible cause rescission
8. Positive – an act is to be performed  Rescission may be had only for such
9. Negative - breaches that are so substantial and
10. Divisible fundamental as to defeat the object of
11. Indivisible the parties in making the agreement
12. Conjunctive ii) If there be a just cause for fixing the period
13. Alternative within which the debtor can comply, the
court will not decree rescission
Classification of Period or Term
iii) If the property is now in the hands of an
1. innocent third who has lawful possession of
a. Suspensive (ex die) the same
b. Resolutory (in diem 4. The right to rescind needs judicial approval in
2. certain cases
a. Legal a. Judicial approval is needed when there
b. Conventional has already been a delivery of the
c. Judicial object
3. b. Judicial approval is not needed when
a. Definite there has been no delivery yet OR in
b. Indefinite case there has been delivery, the
contract stipulates that either party can
Article 1189. The debtor shall lose the right to make rescind the same or take possession of
use of the period (IGIVA) the property upon non-fulfillment by
1. When after the obligation has been contracted, the other party
he becomes Insolvent, unless he gives guaranty 5. The right to rescind is implied
or security for the debt 6. The right to rescind may be waived, expressly or
2. When he does not furnish to the creditor the impliedly
Guaranties or securities which he has promised
3. When by his own acts he has Impaired said
guaranties or securities after their
establishment, and when through a fortuitous
event they disappear, unless he immediately
gives new ones equally satisfactory.
4. When the debtor Violates any undertaking, in
consideration of which the creditor agreed to
the period
5. When the debtor attempts to Abscond