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Pure and Conditional Obligation
Pure and Conditional Obligation
Pure
Obligation
No condition
No date
It is immediately
demandable
Conditiona
l
Obligation
Condition
Future and Uncertain
even
Depends on the
Effectivity
Depends on the
Extinguishment
Conditional Obligation
Is one whose
consequences are subject
in one way or another to
the fulfillment of a
condition.
Characteristics of a
Condition
Future and Uncertain- it is
not enough that it is future, it must
also be uncertain
Two principal
kinds of
CONDITION
Suspensive
condition
Resolutory
condition
Suspensive condition
Will give rise to an
obligation
The demandability of
the obligation is
suspended
Resolutory condition
Condition
Subsequent
Will extinguish an
obligation
Obligation is
demandable at
once- When it is pure (Art. 1179)
When it is subject to a
resolutory condition
When it is subject to a
resolutory period.
Distinctions
Suspensive condition is rising
of obligation, resolutory
condition extinguish an
obligation.
Article
PERIOD
A period is a future and
certain event upon the
arrival of which the
obligation subject to it
either arises or is
extinGuished.
Where
duration
depends upon
the will of the
debtor
EFFECT OF
HAPPENING OF
CONDITION
1.Acquisition of rights
In suspensive condition, the
acquisition of rights by the creditor
depends upon the happening of the
event which constitutes the condition.
This kind of obligation characterizes
the fact that its efficacy or obligatory
force ( as distinguished from its
demandability) is subordinate to the
happening of a future and uncertain
event
So that if the suspensive condition
Example
Cinco, (testator) in his last will and
testament gave some property to
Molano (heir) provided T would die
within two (2) years.
TESTATOR
HEIR
2.Lost of rights
already acquired
In obligation subject to a resolutory
condition, the happening of the event
which constitutes the condition
produces the extinguishment or loss
of rights already acquired.
Example
Fajutag binds himself to Molano until
Molano graduates from pre-school.
MOLANO
FAJUTAG
POTESTATIVE
CONDITION
A condition suspensive in nature
and which depends upon the
sole will of one of the contracting
parties is known as potestative
condition
Where suspensive
condition depends upon
will of debtor.
1. Conditional obligation
void
2. Only the condition void
SURE BABE
CASUAL CONDITION
IF THE SUSPENSIVE CONDITION
DEPENDS UPON CHANCE OR UPON
THE WILL OF A THIRD PERSON, THE
OBLIGATION SUBJECT TO IT IS VALID.
EXAMPLE
WHERE S BINDS HIMSELF TO SELL
HIS LAND TO B IF HE WINS CASE
WHICH IS PENDING BEFORE THE
SUPREME COURT.
MIXED CONDITION
VALID IF THE SUSPENSIVE
CONDITION DEPENDS
PARTLY UPON CHANCE AND
PARTLY UPON THE WILL OF
A THIRD PERSON.
FAJUTAG, (BUILDING
CONTRACTOR),
CINCO,(OWNER
OBLIGES HIMSELF
IN FAVOR OF
TO REPAIR AT FAJUTAGS EXPENSES, ANY DAMAGE
TO THE BUILDING AFTER AN EARTHQUAKE IF FOUND
BY ARBITRATORS THAT DEFECTS CONTRIBUTED IN
ANY WAY
VALID.
TWO KINDS OF
IMPOSSIBLE CONDITIONS
PHYSICALLY IMPOSSIBLE
CONDITIONS
LEGALLY IMPOSSIBLE
CONDITIONS
PHYSICALLY
IMPOSSIBLE
CONDITIONS
NATURE OF THINGS,
CANNOT EXIST OR
CANNOT BE DONE.
EXAMPLES:
I WILL PAY YOU 3 MILLION
PESOS IF CINCO BECOME
A MONSTER.
I WILL PAY YOU 200 PESOS
IF IT WILL NOT RAIN FOR ONE
YEAR IN PHILIPPINES.
LEGALLY IMPOSSIBLE
CONDITIONS