Article 1181

    Cards (7)

    • Article 1181
      In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depends upon the happening of the event which constitutes the condition.
    • Effect of happening of condition
      (1) Acquisition of rights -- In obligations subject to a suspension condition, the acquisition of rights by the creditor depends upon the happening of the event which constitutes the condition.
    • Effect of happening of condition (Acquisition of rights)
      What characterizes this kind of obligation is the fact that its efficacy or obligatory force (as distinguished from its demandability) is subordinate to the happening of a future and uncertain event. It follows that if the suspensive condition does not take place and it is certain that it will not be fulfilled, the parties would stand as if the conditional obligation had never existed. During the pendency of the suspension condition, the creditor has only a mere hope or expectancy of acquiring a right. (part 1. Art 1188)
    • Conditional Obligation
      One whose demandability or extinguishment depends upon the happening of a condition.
    • Definition of Condition
      It is an uncertain event which wields influence on a legal relationship
    • Pure Obligation
      demandable at once, with no term and no condition
    • Effect of happening of condition
      (2) Loss of rights already acquired -- In obligations subject to a resolutory condition, the happening of the event which constitute the condition produces the extinguishment or loss of rights already acquired.