KINDS OF OBLIGATION

• Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once.
• Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event.
• The condition consists in the omission of an act.
• The condition is divisible if it is susceptible of partial performance; otherwise, it is indivisible.
• The condition consists in the performance of an act.
• The condition depends partly upon chance and partly upon the will of a third person.
• The condition is divisible or indivisible.
• A pure obligation is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.
• A pure obligation is one without a term or condition and is demandable at once.
• If a loan has just been contracted by D, a period must have been intended by the parties for performance but the duration thereof will depend upon the nature of the obligation and the circumstances.
• The period remains pure even where such period is fixed by the court.
• If debtor will pay when his means permit him to do so, or words of similar import, such as: “when I can afford”, “when I am able to”, “when I have money”, the obligation is not conditional but with a period.
• The payment here does not depend upon the will of the debtor – it is only the time when payment is to be made.
• Since the time for payment (not the payment) depends upon the will of the debtor, immediate performance cannot be enforced.
• The right of the creditor is to go to court and let the court fix the date of the payment.
• The creditor in this case is not demanding payment, he is only asking the court to fix the date for payment.
• Once fixed by the court, the obligation becomes demandable on the date fixed.
• Conditional obligation is one whose consequences are subject in one way or another to the fulfillment of a condition.
• The requisites of constructive fulfillment are: the fulfillment is prevented by the debtor, the prevention is voluntary on the part of the debtor, and the prevention is not due to the exercise of a right.
• When the debtor voluntarily prevents the fulfillment of the condition, the condition is deemed fulfilled and the obligation is effective.
• The law does not require that the obligor acts with malice or fraud as long as his purpose is to prevent the fulfillment of the condition.
• Article 1186 applies also to an obligation subject to a resolutory condition with respect to the debtor who is bound to return what he has received upon the fulfillment of the condition.
• Constructive fulfillment of suspensive condition requires three (3) requisites: the condition is suspensive, the obligor actually prevents the fulfillment of the condition, and he acts voluntarily.
• Retroactivity, as to fruits and interest, is governed by Article 1187.
• Constructive fulfillment can occur in a case where the due performance by the obligee of his undertaking, the condition for the payment of the commission, was purposely prevented by the obligor.
• In a reciprocal obligation like a contract of sale, both parties are mutually obligors and also obligees.
• Constructive fulfillment can occur in a case where the debtor prevents the fulfillment of the condition by means of threat or intimidation.
• Constructive fulfillment can occur in a case where the condition is deemed complied with and the obligor is liable to sell his land.
• Constructive fulfillment occurs when it becomes clear or evident that the prohibited event cannot occur, although the time indicated has not yet elapsed.
• A conditional obligation is one whose demandability or extinguishment depends upon the happening condition.
• There is a condition imposed in its performance.
• The condition here is suspensive.
• A distinction must be made between a condition imposed on the perfection of a contract and that imposed on the performance of an obligation.
• There can be no rescission of an obligation that is still non-existent, the suspensive condition not having been fulfilled.
• The debtor is naturally interested in its fulfillment.
• The position of the debtor when the condition is resolutory is exactly the same as that of the creditor when the condition is suspensive.
• When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void.
• Where there is no provision in a contract of sale declaring it without effect until after the opening of a letter of credit by the buyer as required by the seller, the omission to so open does not prevent the perfection of the contract, such opening being only a mode of payment and is not among the essential requirement of a contract of sale enumerated in Articles 1305 and 1475.
• If the condition depends exclusively upon the will of the creditor, the obligation is valid.
• The fulfillment of the condition merely causes the extinguishment or loss of rights already acquired.