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Resolutory-the happening
OBLIGATIONS extinguishes the
1. PURE AND CONDITIONAL obligation.
OBLIGATIONS 2. As to form
a. Express-the condition is
Pure obligation- not subject to any clearly stated
condition b. Implied-the condition is
-No specific date is mentioned for its merely inferred.
fulfillment 3. As to possibility
-Immediately demandable. a. Possible-the condition
can legally and physically
Conditional obligation- consequences be fulfilled.
are subject to the fulfillment of a b. Impossible-the condition
condition. cannot be physically or
legally fulfilled.
Condition-future and uncertain event 4. As to cause or origin
-the effectivity and extinguishment of a. Protestative-the
an obligation subject to it depends. condition depends upon
the will of one of the
Characteristics of a condition: contracting parties.
1. Future and uncertain- b. Casual-the condition
2. Past but unknown depends upon the chance
3. It must not be impossible. or upon the will of a
third person.
Two principle kinds of conditions c. Mixed-the condition
1. Suspensive- condition depends partly upon
precedent or antecedent chance and partly upon
-fulfillment of which will the will of the third
give rise to the obligation. person.
2. Resolutory- condition 5. As to mode
subsequent a. Positive-the condition
-fulfillment of which will consists in the
extinguish an obligation performance of an act
already existing. b. Negative-the condition
consists in the omission
Period-is a future and certain event of an act.
upon the arrival of which the 6. As to numbers
obligation subject to it either arrises a. Conjunctive-there are
or is extinguished. several conditions and all
must be fulfilled
Duration of period is up to the debtor: b. Disjunctive-there are
1. The debtor promises to pay several conditions and
when his means permit him to only one or some of them
do so must be fulfilled.
2. Other cases where the debtor 7. As to divisibility
binds himself to pay. a. The condition is
Classifications of conditions: susceptible of partial
1. As to effect performance.
a. Suspensive-happening b. Indivisible-the condition
gives rise to the is not susceptible of
obligation. partial performance.
4. Only the condition void- if the
Potestative Condition-a condition obligation is a pre-existing
suspensive in nature and which obligation, and, therefore does
depends upon the sole will of one of not depend upon the
the contracting parties. fulfillment of the condition
which is impossible, for its
Where suspensive condition depends existence, only the condition is
upon the will of the debtor: void.
1. Conditional obligation void-
where the potestative condition 2.OBLIGATIONS WITH A PERIOD -is one
depends solely upon the will of whose effects or consequences are
the debtor, the conditional subjected in one way or another to the
obligation shall be void because expiration or arrival of said period or
its validity and compliance is left term.
to the will of the debtor and
cannot be easily demanded. Period vs Condition
Ex. I will pay you if I want; I 1. As to fulfillment-a period
will pay you after I recover is a certain event which
what X owes. must happen sooner or
2. Only the condition void- the later at a date known
condition is imposed not on the beforehand, or at a
birth of the obligation but on its certain time which
fulfillment. cannot be determined,
If the condition depends exclusively while a condition is an
upon the will of the creditor, the uncertain event.
obligation is valid. 2. As to time-a period
refers to the future only
Impossible conditions while a condition refers
1. Physically impossible to future and past
conditions- when they cannot events.
exist or cannot be done. 3. As to influence on the
2. Legally impossible conditions- obligation-a period
when they are contrary to law, merely fixes the time for
morals, good customs, public the efficacy of the
order, or public policy. obligation; a condition
causes an obligation to
Effects of impossible conditions: either arise or to cease.
1. Conditional obligation void- 4. As to effect, when left to
impossible conditions annul the debtor’s will-a period
obligation which depends upon empowers the court to
them. Both the obligation and fix the duration thereof;
the condition are void. a condition that is
2. Conditional obligation valid- if dependent of the will of
the condition is negative, that the debtor invalidates
is, not to do an impossible the obligation.
thing, it is disregarded and the 5. As to retroactivity of
obligation is rendered pure and effects-unless there is an
valid. agreement to the
3. Only the affected obligation contrary, the arrival of a
void- if the obligation is period does not have any
divisible, the part thereof not retroactive effect; the
affected by the impossible happening of a condition
condition shall be valid. has.
b. Distributive obligation-
A period must be possible. If the period one where two or more
is impossible, the obligation is of the prestations is due.
void. i. Alternative
obligation-one where
Kinds of period or term: several prestations
1. According to effect are due but the
a. Suspensive period (ex performance of one
die)- the obligation is sufficient.
begins only from a day ii. Facultative
certain upon the arrival obligation- one
of the period. where only one
b. Resolutory period (in prestation is due but
diem)- the obligation is the debtor may
valid up to a day certain substitute another.
and terminates upon
arrival of the period. Facultative Obligation
2. According to source Effects of Loss
a. Legal period-when it is 1. Before substitution- if
provided for by laws; the principal thing is
b. Conventional or lost through a
voluntary period-when it fortuitous event, the
is agreed to by the obligation is
parties. extinguished;
c. Judicial period-when it is otherwise, the debtor
fixed by the court. is liable for damages.
3. According to definiteness 2. After substitution-if
a. Definite period- when it the principal thing is
is fixed or it is known lost, the debtor is not
when it will come liable whatever may
b. Indefinite period-when it be the cause of the
is not fixed or it is not loss, because it is no
known when it will come. longer due.