Ch. 3 - Section 1

Cards (25)

  • A pure obligation is one which is not subject to any condition and no specific date is mentioned for its fulfillment.
  • A conditional obligation is one whose consequences are subject one way or another to the fulfillment of a condition.
  • Condition is a future and uncertain event.
  • Suspensive Condition - the demandability of the obligation is suspended until the happening of the certain event which constitutes the condition.
  • Resolutory Condition - one the fulfillment of which will extinguish an obligation already existing. Liable now, disappear when done.
  • A period is a future and certain event.
  • Potestative Condition - the condition depends upon the will of the contracting parties. Example: I will pay you if I want.
  • Casual Condition - the condition depends upon the chance or upon the will of a third person; example: If it rains tomorrow, I will give you an umbrella.
  • Mixed condition - the condition depends partly upon chance and partly upon the will of a third person.
  • Conjunctive Condition - there are several conditions and all must be fulfilled.
  • Disjunctive Condition - there are several conditions and only one or some of them must be fulfilled.
  • Divisible Condition - the condition is susceptible of partial performance.
  • Indivisible Condition - the condition is not susceptible of partial performance.
  • Physically impossible conditions - (suspensive conditions) when they, in nature of things, cannot exist or cannot be done.
    Example: I will pay you P10,000 if it rains for one year in the Philippines.
  • Legally impossible conditions - when they are contrary to law, morals, good customs, public order, or public policy.
  • Article 1186: The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. Preventive measures is done where the obligor actually prevents the fulfillment of the condition.
  • Physical Loss - when a thing perishes as when a house is burned and reduced to ashes.
  • Legal Loss - when a thing goes out of commerce or when a thing heretofore legal becomes illegal.
    Example: During the Japanese occupation, American dollars had become impossible since their use was forbidden by law.
  • Civil Loss - when a thing disappears in such a way that its existence is unknown.
  • If the lost of a thing deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case.
  • If a thing is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.
  • Usufruct is the right to enjoy the use and fruits of a thing belonging to another.
  • Unilateral - when only one party is obliged to comply with a prestation.
  • Bilateral - when both parties are mutually bound to each other. May it be reciprocal or non-reciprocal obligations.
  • Rescission (or cancellation) is the process of canceling a contract.