Law on Oblicon 3

Cards (19)

  • 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 - Article 1179
  • 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. - Article 1179
  • is not subject to any condition and period is mentioned for its fulfillment and is, therefore, immediately demandable - pure obligation
  • is a future and uncertain event, upon the happening of which, the effectivity or extinguishment of the obligation(or right) subject to it depends - condition
  • is one  whose consequences  are subject in one way or another to the fulfillment of a condition - conditional obligation
  • When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period - Article 1180
  • In conditional obligations, the acquisition of rights as well as the extinguishment or loss of those already acquired , shall depend upon the happening of the event which constitutes  the conditions - Article 1181
  • 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 the third person, the obligation shall take effect in conformity with the provisions of this Code.
  • 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 the third person, the obligation shall take effect in conformity with the provisions of this Code - Article 1182
  • valid if it depends upon the will of the creditor – Debtor will pay upon demand
  •  it is the one that extinguishes the effectiveness of a contract already consented to be based on the occurrence of an event that is also future and uncertain at the time of contracting - Resolutory Condition
  • If the obligation does not fix a period , but from its nature and the circumstances  it can be inferred that a period  was intended, the courts may fix the duration thereof - Article 1197
  • Impossible conditions, those contrary to good customs or public policy  and those prohibited  by law shall annul the obligation which depends upon them. If the obligation is divisible , that part thereof which is not affected by the impossible or unlawful condition shall be valid.
      The condition not to do an impossible thing shall be considered as not having been agreed upon - Article 1183
  • The condition that some event happen  at a determinate time shall extinguish the obligation  as soon as the time expires or if it has become indubitable that the event will not take place - Article 1184
  • The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur.
    If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably  been contemplated, bearing in mind the nature of the obligation. - Article 1185
  • The condition shall be deemed fulfilled when the obligor  voluntarily prevents its fulfillment - Article 1186
  • The nullity of the penal clause does not carry with it that of the principal obligation - Article 1230
  • The effects of a conditional obligation  to give , once the condition has been fulfilled , shall retroact to the day  of the constitution of the obligation. Nevertheless, when the obligation  imposes reciprocal obligations upon the parties, the fruits and interests during the pendency of the condition  shall be deemed  to have been mutually compensated - Article 1187