Kinds of obligations

Pure

Conditional

With a term

Alternative

Joint

Solidary

Divisible

Indivisible

With a penal clause

Sanchez roman classifies it

1 by their juridical quality

-natural

-civil

-mixed

2 by their subject

-unilateral and bilateral

-simple or individual and multiple or objective

3. by their object

4 by their juridical perfection and extinguishment

Art 1179 obligation whose performance does not depend on a future event is demandable at once

Obligations with a resolotory resolution also demandable at once

(resolutory – obligations which extinguishes rights) ex: if A does not provide proof that he is not guilty of
theft, , he is considered to have resigned his post as barangay chair and the contract will be deemed
void.

Pure pbligation – obligation with no term or condition

Immediately demandable and contains nothing to exempt debtor from compliance therewith

Demand note is not subject to suspensive condition or suspensive period. The demand note is a ppure
pibligation and in the absence of restrictions is immediately demandable

If the period given is cancelled by mutual agreement of parties, or non-fulfillment of condition resolves
the period stipulated, the obligation is pure

Immediate demandability of pure obligation should not lead to absurd or impossible requirements of
instantaneous compliance. Must be reasonable

Conditional obligation – one subject to a condition

Condition defined as every future and uncertain event upon which an obligation or provision is made to
depend. (If we are attacked by Japanese forces)

An event that is certain but will happen is not a condition. The obligation will be considered one with a
term. (ie the death of a person makes it a term not a condition)

If condition must be imposed by the will of a party.

Past events: the code considers past events unknown to parties as a condition

Element of uncertainty is wanting when the event is past or present which cannot be called a condition,
it is more accurate to designate it as basis of contract.

Even when unknown to parties, a past event is not a condition.

What can be a condition is the future knowledge or proof of a past event unknown to parties but not the
event itself.

Thust the proof an unknown event may be established as a condition ex. I promise to deliver give money
a person A kills 50000 people

It is not the the fact stated which serves as the condition but the proof of such fact.
What can be a condition? Proof that parties did know of the past event but not the event itself (Ex.
Person A will give person B 500 pesos if the number of soldiers killed is 5000)

Classification of conditions:

Suspensive - gives rise to an obligation

Resolutory – extinguishes rights already existing

Conditions ma also be classified into potestative, classified and mixed.

Indivisible and divisible

Conjunctive and alternative

Positive and negative

Express and implied

Possible and impossible

Indivisibility – argentince civil code provides that the fulfillment of conditions is indivisible even when
the object of the condition is a divisible thing so partial fulfillment does not give rise to existence of rise
of the obligation.

Pluraility of conditions – if multiple conditions for one obligation, necessity of compliance depends on
the intention of the parties.

If conditions are alternative of disjunctively, fulfillment of one is ok

If imposed conjuntively, all of them must be complied

Art 1180 – if debtor binds self to pay when his means permit him to do so, obligations is deemed one
with a period

Creditor must file the action to fix period for payment of obligation

An action to enforce obli without a period given by the courts is premature

Art 1181 conditional obligations, the acquisition and extinguishmen or loss of rights will depend upon
the happening of the event

Suspensive and reolutory cindtions

If suspensive condition happens, obligation arises

If the condition does not happen, there is no obligation

resolutory condition extinguishes right and obligations already existing

in other words, there are rights exist but under the threat of extinguishment upon the happening of the
resolutory condition.

If there are rights existing before performance of condition, it cannot be resolutory

When consent of a party to a contract is subject to fulfillment of suspensive condition, contract is not
perfected unless condition is complied with

If right to rescind contract is given to one of the parties within a period of time after a condition, the
right of rescission cannot happen if the condition does not happen.

If the obligation is assumed by a party is subjected to a condition, the obligation cannot be enforced
against him unless the condition is complied with

If the condtition does not happen – the condition is suspensive and the conditional creditor cannot be a
real creditor.

Art 1182 if fulfillment of condition depends upon th will of debtor, conditional obligation is void.

If upon the will of a third person 1115 will apply

Example - postetative condition depends on the will of one of the contracting parties

I promise to give you 1000 if you build a house in 3 months

A casual condition depends upon chance or other factors and not upon the parties

Ex. I will give you my land if war breaks out

A condition dependent on the wil of a third person is also casual

I will give you 500 if I win the case against the supreme court

Mixed condition

Depends upon the will of one the contract parties and other circumstances, including a third person

I will give you a house if you marry Carolina

Kinds of potestative

1. simple – presupposes not only the manifestation of an act but also realization of an external act

Ex if you sell your house

2. purely – depends solely and exclusively upion the will

Ex if I like it or if I deem it proper

Simple postetative on the part of the debor does not prevent formation of valid obligation

Purely postetative destroys the legal tie. So If a person say I will sell you my house if I deem it proper,
there is no a seriousness in this undertaking

Effect of posteative condition

Only when the postetative condition exclusively dependent on the will of the debtor, conditional
obligation is void

If dependednt partly on chance or third person, obligation is valid.

Ex I will lend you 100 if you want it

Not only is the first paragraph’s conditional obligation void, the whole obligation is void.

Mixed conditions- conition depends not only upon the will of debtor but upon a te will of others
If fulfillment of condition does not depend upon the obligor, but on a third persons who cannot fulfill it,
and court has found that obligor has done all he can to comply, the other party may be obliged to fulfill
obligation

Art 1183 – impossible conditions – contrarty to law good customs etc shall annul the obligatioin

If obli is divisible, that which is not impossible is valid

Impossible conditions – physically and juridically impossible

Juridical – not only if against the law but when it affects rights

Illicit conditions - depends upon the intention of the parties in the contract

Ex. A sells a house under the resolutory condition that he not make it a house of prostitution – valid

Not valid – a house is leased to A for 100 a months with the condition that if re unites with wife, he shall
pay 3 times more for rent – not valid obligations is annulled

Time of impossibility – the impossibility must exist at the time of obligation. A supervening
impossibility does not affect existence of obligation

Ifa condition was impossible at time of obligation, condition is still void even it become possible again
later, unless parties agree.

Illogical condition – logical impossibility

Ex. I will deliver to you my house if it is destroyed

Divisinble obligation – if obligation is divisible, part which is not impossible is valid.

Negative impossible condition – the condition not to do an impossible thing shall be considered as not
agreed upon.

Ex I will give you 500 if you do NOT fly to the moon within 5 years.

Obligation is pure and immediately demadable. No need to wait 5 years

Art 1184 – the condition that an event will happen in a determinate time shall extinguish obligation once
the time has expired or when event will not take place
Ie I will pay 100 to person a if he arrives at place in one year

Obligation is extinguished when

One year has elapsed

Person dies before expiration

Art 1185 condition that event will not happen at a determinate time, will make the obligation effective
from the time it haselapsed or when event cannot occur

If no time, condition is fulfilled when it may have probably been contemplated.

Ex.obligation to deliver to land subject to condition that he shall not marry within two year

Obligation is effective when

Two years expired when a doesn’t marry

A goes into priesthood

Art 1186 – condition is ulfilled when obligor prevents its fulfillment

Constructive fulfillment – condition which although not the will of debtor, may have prevented by the
debtor from happening.

There is constructive fulfillment when

1. the intent of the obligor to prevent happening of fulfillment

2. actual prevention of complaicne

Principle why: a party in a contract may not be excused from bligation by the non-occurrence of an
event he himself prevented.

Intent to prevent compliance – intent of debtor to prevent compliance is essential.

Savigny: debtor must act with malice to be considered voluntarily preventing compliance.

Ex. X will pay Y to build a dike within a certain amount of time.

When Y builds, X opens the floodgates preventing him from work.

Condition is fulfilled bc obligor voluntarily prevented compliance.

If the act of debtor although voluntary did not have for its purpose the prevention of condition, it is not
within the scope of the article

Ex. A will pay B for work on a wall.

Before work is finished, A prosecutes B for a crime resulting in non fulfillment

No constructive fulfillment

In exercise of right – if in the prevention of condition, debtor acts in pursuant of a right, condition is not
fulfilled.

Ie A will pay B for building a house

Debtor stops because there is a local ordinance stopping it

Obligation is not fulfilled

Actuial prevention of compliance – there is contructive fulfillment when act of debtor prevented
compliance

Pedro was making something to the specifications of juan

Juan destroys it after it is finished but before it is delivered

There is no constructive fulfillment if it can show that the ting was not made in accordance with the
specifications of the contract

Provoking resolutory contract – condition is reolutor but not dependent on the will of the debtor, and
he provokes the condition which would not have happeed without his doing so, it is not fulfilled and no
extinguishment of rights

Art 1187 – effects of conditional obligation to give once it is fulfilled will retroact to the constitution of
obligation

If the obligation imposes reciprocal prestation upon the parties, fruits and interest during pendency is is
mutually compensated.

If obligation is unilateral: debtor shall appropriate the fruits and interests during received.

In obligations not to, the courts shall determine the retroactive effect of the condition

Retroactivity - article refers to effects of happening of retroactive conditions

During the creation of conditional obli and fulfillment of suspensive condition, the creditor cannot
enforce the obligation, he can only excpect

Only when the suspensive condition happens, can the condition be enforced and effective and the
debtor is legally obliged to fulfill

Effects of obligation retroact to the moment when the obligation created.

Contracts of debtor -if the creditor has already disposed of his rights, the happening of the suspensive
condtion makes the act performed pedente conditione

Increase in value – increase in value during the happening of the suspensive condition, goes to the
benefit of the creditor

Limiations on retroactivity – no absolute and subject to limitations set by the courts.

If the thing is lost by fortuitous event, the debtor suffers loss because he is still the owner

Acts of administration which are performed by the debtor before the happening f the suspensive
condition are not affected by the retroactivity of the effect of obligation and can be asserted against the
creditor

Fruits and interests – law does not require delivery of payment of fruits before the happening of the
suspensive condition.

When the onligation is reciprocal, fruits pending the happening of the condition are deemed to mutuall
compensate each other.

Ex. X will deliver land to Y for the payment of 2000 and is subject to suspensive condition. Then upon
the happening of the condition, X will only deliver the land and Y will pay 2000. Fruits received by X will
not be delivered by to Y

If the obligation is unilateral, fruits received by the debtor before the happening of the condition are
kept by him and is not delivered together with the thing upon the fulfillment of the condition.

Obligations to do, not to do – courts will use sound discretion to determine the retroactive effect of the
fulfillment of the condition

Art 1188 - ce