Article 1182

• Article 1182


  When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code.
• Conditions classified as follows: (As to effect)

  (a) Suspensive -- happening of which gives rise to the obligation

  (b) Resolutory -- happening of which extinguishes the obligation
• Conditions classified as follows: (As to form)


  (a) Express -- condition is clearly stated

  (b) Implied -- condition is merely inferred
• Conditions classified as follows: (As to possibility)


  (a) Possible -- condition is capable of fulfillment, legally and physically.

  (b) Impossible -- condition is not capable of fulfillment, legally or physically.
• Conditions classified as follows: (As to cause or origin)


  (a) Potestative -- condition depends upon the will of one of the contracting parties

  (b) Casual -- condition depends upon chance or upon the will of a third person

  (c) Mixed -- condition depends partly upon chance and partly upon the will of a third person
• Conditions classified as follows: (As to mode


  (a) Positive -- condition consists in the performance of an act.

  (b) Negative -- condition consists in the omission of an act.
• Conditions classified as follows: (As to numbers)


  (a) Conjuctive -- there are several conditions and all must be fulfilled.

  (b) Disjunctive -- there are several conditions and only one or some of them must be fulfilled.
• Conditions classified as follows: (As to divisibility)


  (a) Divisible -- condition is susceptible of partial performance.

  (b) Indivisible -- condition i snot susceptible of partial performance
• Potestatie condition

  A condition suspensive in nature and which depends upon the sole will of one of the contracting parties.
• Where suspensive condition depends upon will of debtor

  (1) Conditional obligation void - Where the potestative condition depends solely upon the will of the debtor, the conditional obligation shall be void because its validity and compliance is left to the will of the debtor (Art. 1308) and it cannot, therefore, be easily demanded. In order not to be liable, the debtor will just not fulfill the condition. There is no burden on the debtor and consequently, no juridical tie is created. (Art. 1156)
• Where suspensive condition depends upon will of debtor

  (2) Only the condition void -- If the obligation is a pre-existing one and, therefore, does not depend for its existence upon the fulfillment by the debtor of the potestative condition, only the condition is void leaving unaffected the obligation itself. Here, the condition is imposed not on the birth of the obligation but on its fulfillment.
• Where suspensive condition depends upon will of creditor

  If the condition depends exclusively upon the will of the creditor, the obligation is valid.
• Casual condition

  If the suspensive condition depends upon chance or upon the will of a third person, the obligation subject to it is valid.
• Mixed condition

  The obligation is valid if the suspension condition depends partly upon chance and partly upon the will of a third person.
• Where suspensive condition depends partly upon will of debtor

  According to Manresa, the use of the word "exclusive" (now "sole') makes it clear that conditional obligations whose fulfillment depends partly upon the will of the debtor and partly upon the will of a third person, or upon the chance are perfectly valid.