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1. This document discusses the Law on Obligations and Contracts, focusing on conditional obligations.
2. A suspensive condition postpones the creation of an obligation until an uncertain future event occurs, while a resolutory condition terminates an existing obligation upon the occurrence of a future event.
3. Under a suspensive condition, the obligor is not liable until the condition is fulfilled. However, if the condition is fulfilled, the obligor becomes liable.
1. This document discusses the Law on Obligations and Contracts, focusing on conditional obligations.
2. A suspensive condition postpones the creation of an obligation until an uncertain future event occurs, while a resolutory condition terminates an existing obligation upon the occurrence of a future event.
3. Under a suspensive condition, the obligor is not liable until the condition is fulfilled. However, if the condition is fulfilled, the obligor becomes liable.
1. This document discusses the Law on Obligations and Contracts, focusing on conditional obligations.
2. A suspensive condition postpones the creation of an obligation until an uncertain future event occurs, while a resolutory condition terminates an existing obligation upon the occurrence of a future event.
3. Under a suspensive condition, the obligor is not liable until the condition is fulfilled. However, if the condition is fulfilled, the obligor becomes liable.
the exact date is unkown. (midterm exam) 3. 3. 2. Give two (2) cases when the 1. 1. The Law on Obligations and Contracts conditional obligation is valid although 2011 Midterm Examination Submitted the condition depends entirely upon the by: Domingo, Dennimar O. TTh 17:00 - will of the debtor. Explain. First case is 18:30 Submitted to: Pio Sara Jagurin when the debtor promises to pay when 2. 2. II. Discussions 1. Illustrate an his means permit him to do so. In this obligation subject to: (a) Suspensive case, what depends upon the will of the Condition When an obligation is subject debtor is the duration of the period when to a suspensive condition, the creation he is capable on paying his debt and not of the obligation will depend on the whether he should comply or not. For occurrence of an event or on the example, Mr. G binds himself to pay Ms. certainty that the event will not occur; Y of his debt that costs ₱10,000 little by thus, the condition delays the creation of little. This obligation is valid and it shall a relationship between the parties. As be deemed to be one with a period of long as the condition has not occurred, time. Next case is when the debtor is the very existence of the obligation is capable of doing the said obligation. For not yet arises. For example, If your rent example, Marie borrowed 5,000 to Rose is due on the 30th, you have an payable on September 13. Due to the obligation to pay the rent. The review of financial reverses, Marie now performance to pay occurs on the 30th. is not capable on paying the debt to The performance is suspended until the Rose but Marie is willing to pay the said 30th. (b) Resolutory Condition debt. The remedies of Rose will arise 3. Resolutory condition refers to a May an obligor be liable under an condition whereby, upon fulfillment obligation subject to a suspensive terminates an already enforceable condition although the condition has not obligation. The continuance of such a yet been fulfilled? Explain. Under the contract is made dependent upon the suspensive condition, the obligation will happening of an uncertain future event. arises when the said condition is already However, there is no postponement or fulfilled. Therefore, under this type of suspension of the contract and all rights condition, the obligor or the debtor is not and obligations come into existence yet liable. The debtor would be liable if immediately upon conclusion of an the condition is already fulfilled. 4. In agreement between the parties. For obligation to give a parcel of land instance, You have a car note over the subject to a suspensive condition, who next 10 years. Once you pay the last is entitled to the fruits that accrued payment at the end of 10 years, the during the pendency of the condition obligation ends. What is the effect of the once said condition is fulfilled? Upon the fulfillment of the condition in a fulfillment of the obligation, the seller conditional obligation? The suspensive has the right to keep to himself all the condition is when the parties agree that fruits and interests he may have the duty to perform is postponed until a received during the pendency of the determined or determinable date due to condition, unless a contrary intention by the pending event, and that this event is the seller that he shall render an certain to happen. However, the exact accounting of fruits received during its date is unknown. The obligation will pendency. arises when the said condition is already 4. 4. 5. State the rules in case the thing to fulfilled. While in the resolutory be delivered: (a) is lost with the debtor’s condition, when the parties agree that fault; without his fault; If the delivery lost the obligations in the contract will be is due to the debtor’s fault, the debtor terminated upon a certain future time. has an obligation to pay the damages that incurred and the price of the thing that is lost also can be demand. If the delivery lost without the fault of the debtor, the debtor is not liable for any obligation or the obligation shall be extinguished. We are not liable for the fortuitous event or any event that beyond our powers. (b) Deteriorates with the debtor’s fault; without his fault If it deteriorates through the fault of the debtor, the creditor may choose between the 2 remedies as a creditor, which is the rescission or the fulfillment of the obligation, with damages that incurred in either case. As a creditor, you only have to choose one of the remedies that are given. If it deteriorates without the fault of the debtor, the value of thing that delivered will be depreciated and the value will be reduced due to the deterioration of the thing.
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