Sec. 1 - Pure & Conditional obligations (1179-1192)

• Suspensive vs. Resolutory Condition

  1. Cond. Precedent & Antecedent ; Cond. Subsequent
  2. Obligation Arises - eff ; Obligation is Extinguished - eff (condition fulfilled)
  3. Suspended (cannot be Demanded) ; Demandable at ONCE
  4. Mere hope of Expectancy (not fulfilled) ; Termination of rights (not fullfilled)
  5. Does not Appear (time of law) ; Consolidation of Rights (not fulfilled)
• 1180 - Period


  Future and Certain events upon the arrival of w/c obligation subject to it arises or is extinguished.
• 1180 - Debtor Chooses Duration of Period


  The duration of Period is chosen by the __________. 
• Duration of Period Chosen by Debtor (1180)

  1. Debtor promises to pay w/n his means permit him to do so;
  2. Other cases:
  3. Little by Little
  4. ASAP
  5. From time to time
  6. At any tiem I have money
  7. In partial payments
  8. When I am in position to pay.
• Remedy to 1180 (Duration of Period) 

  1. the Court fixes time of the period (1197).
• 1181 - Condition as to Effect of Happening 

  1. Suspensive
  2. Resolutory
• Suspensive condition


  Acquisiton of rights.

  The obligation arises after condition is fulfilled.
• Resolutory Condition


  Termination of rights.

  obligation is extinguished once condition is fulfilled.
• 1182 - Condition as to Cause & Origin

  1. Potestative - D or C
  2. Casual - TP OR Chance
  3. Mixed - TP AND Chance
• 1182 -As to Cause & Origin


  if the condition depends on the debtor, it becomes VOID because we become unsure if D will pay or not based on their discretion.

  XPN:

  1. Resolutory Land (Pacto de Retro Sale)
  2. Pre-Existing Obligations 
• 1183 - Impossible Obligations


  Void from the start. (unlike 1266 - impossibility of fulfillment)
• 2 Kinds of Impossible Conditions 

  1. Physically Impossible
  2. Legally Impossible
• Impossible Conditions - 1183

  GR: VOID. Both condition + obligation.

  XPN: Only the land is void, pre-existing, divisible, negative condition.

  OTHERS: Simple/Remuneratory, Testamentary Disposition
• Effects of Impossible Conditions - 1183 

  1. Void
  2. Valid
  3. Only Affected Obligation is Void.
• Pre-Existing Obligation 


  XPN to Conditions to make Obligations Valid (1183).

  Imposed previous obligation + new obligation arises which is void, the previous obligation is retained.
• Divisible


  XPN to Conditions to make Obligation Valid (1183) wherein two obligations are presented. They are divisible wherein you can remove one and keep the other.
• Negative Impossible conditions. 


  XPN to Conditions that make Obligations Valid (1183 - Impossible) wherein the nature of condition is negative (kill, commit crime). Keep the current obligation while removing the condition.  
• 1186 - Doctrine of Constructive fulfillment 


  AKA Pursued fulfillment.

  The condition shall be deemed fulfilled when the Debtor prevents the condition from happening.

  EFFECT: Deemed Fulfillment.

  EX. A promised B to treat them if they pass. A tried to make B fail. Eff: Deemed fulfilled.
• 1184 - Positive Suspensive Condition 


  You have to do (personal obligation) because that is the condition.

  1. Time Expires
  2. Condition becomes indubitableEFF: Obligation Extinguished. Debtor is not liable.Ex. A promise B 10K if B marry Y before 30. If B marries at 28? Condition Met. If B marries at 31? Condition not met, Debtor not liable. B dies at 28, are they liable? NO, Indubitable and not liable.
• 1185 - Negative Suspensive Condition (don't do)


  You are expected to not do the obligation because it is negative in nature.

  1. Time Elapsed
  2. Evident that Event Cannot OccurEFF: Debtor is liable if they fail to not do the obligation.
• 1187 - Retroactive Effects


  Retroactive - Goes back in the beginning. 

  GR: No retroactive effect on fruits & interest. Only the principal has a retroactive effect.

  EFF: Creditor/Buyer becomes the owner, retroactively making them owner since at the start of the obligation.

  Ex. A promised B dog on May 1. Accepted Dog on December 30. RA = B is owner since May 1. 
• NO RETROACTIVE EFFECTS

  1. Resolutory (To do or not to do) - Court decides
  2. Reciprocal Obligations - mutual compensation
  3. Unilateral - no condition + no period; gratuitous/free.
• 1188 - Suspensive Condition Rights Pending


  GR: Suspensive means acquisition of rights.

  • Right to bring approprate action.
  • Right to recover what he has paid by mistake.
• 1189 - 3 Kinds of Loses 

  1. Physical - Property + Physical Altercation; Perished/Destroyed.
  2. Legal - goes out of commerce
  3. Eminent Domain - power of gobv't to take away property through expropriation. Payment through compensation.
  4. Civil - Disappears which its existence is unknown
• REQUISITES OF LOSS (1189)

  1. Real Obligation (to give)
  2. Specific
  3. Suspensive Condition
  4. Loss Deterioration/Improvement
  5. Pending Fulfillment of Suspensive Condition 
• RULES IN CASE OF LOSS, DETERIORATION, IMPROVEMENT (1189) 

  1.  Loss of thing w/o Debtor's fault - Extinguished bc. Indubitable
  2. thru Debtor's fault - Debtor is Liable for Torts.
  3. Deterioration w/o Debtor's fault - depends on deterioration & who committed.
  4. thru Debtor's fault - remedy: Rescission + Fulfillment of Obligation & Damages.
  5. Debtor is not liable for equipments depreciating over time. C suffers anyway.
  6. Improvement of thing by nature/time - compensation
  7. Improvement at Expense of Debtor - Usufructuary
• Usufructuary

  Right to enjoy the use of fruits of thing belonging to another. It gives debtor right to improve or remove such improvements on a thing of another.
• 1190 - Effects of Resolutory Condition

  1.  To Give - Retroactive Effect unless stipulated (arises obligation).
  2. XPN: When it is Resolutory, xtinguished.
  3. To do or not to do - NO RE. Court responsible in deciding.
• 1191 - Remedies in Reciprocal Obligations

  • Happens only if the reciprocity arises from the same cause.
  • Remedy: Specific Performance (E. Fulfilmment)
  • Remedy 2: Rescission of Obligation/Contract
• Obligations as to Person Obliged

  1. Unilateral - 1 party
  2. Bilateral - both parties are mutually bound
• 2 Kinds of Bilateral Obligations

  1.  Reciprocal - arises from same cause + contract. (commodatum + mutuum applied)
  2. Non-Reciprocal - different causes + contract. 
• ALTERNATIVE REMEDIES FOR RECIPROCAL OBLIGATIONS

  1. Specific Performance + Damages
  2. Rescission + Damages
• Tracit Resolutory Condition


  If one party fails to comply, there is a righ ton part of the other to rescind the obligation.

  NOTE: Remedies are not cumulative.
• Limitations on Power to Rescind (Reciprocal Resolutory Condition)

  1. Juridical Rescission
  2. Power of court to fix the period
  3. If property is already in the hands of TP in Good faith
  4. Substantial breach of Obligation
  5. Substantial Violation is Needed
  6. No waiver on part of Creditor (1171)