1. Article 1180 Where duration of period depends upon the will of debtor: The debtor promises to pay when his means permit him to do so As when the debtor binds himself to pay Little by little As soon as possible From time to time At any time I have the money In partial payments When I am in a position to pay
2. Article 1182 Classifications of Conditions:
2.1. As to effect: 1. Suspensive - The happening of which gives rise to the obligation 2. Resolutory - The happening of which extinguishes the obligation
2.2. As to form: 1. Express - The condition is clearly stated 2. Implied - The condition is merelyinferred
2.3. As to Cause or Origin: 1. Potestative - The condition depends upon the will of one of the contracting parties
2.4. 2. Casual - The condition depends uponchance or upon the will of athird person
2.5. 3. Mixed - The condition depends partlyupon chance and partly uponthe will of a third person
2.6. As to Mode: 1. Positive - The condition consists in theperformance of an act 2. Negative - The condition consists in theomission of an act
2.7. As to Numbers: 1. Conjunctive - There are several conditions and allmust be fulfilled 2. Disjunctive - There are several conditionsand only one or some of themmust be fulfilled
2.8. As to Divisibility: 1. Divisible - The condition is susceptible of partial performance 2. Indivisible - The condition is not susceptible of partial performance
2.9. Potestative Condition - A condition suspensive in nature andwhich depends upon the sole will of one of the contracting parties
2.10. Where suspensive condition depends upon will of debtor: 1. Conditional obligation void. 2. Only the condition void
2.11. Where suspensive condition depends upon will of creditor: 1. Obligation is valid
2.12. Casual Condition If the suspensive condition depends upon chance or upon the will of a third person, the obligation subject to it is valid.
2.13. Mixed condition - The obligation is valid if the suspensive condition depends partly upon chance and partly upon the will of a third person.
3. Article 1183 Refers to suspensive conditions
3.1. 2 kinds of impossible conditions: 1. Physically impossible conditions - When they, in nature of things,cannot exist or cannot be done 2. Legally impossible conditions - When they are contrary to law,morals, good customs, public order, or public policy
3.1.1. Effect of Impossible Conditions: Conditional obligation void Conditional obligation valid Only the affected obligation void Only the condition void
4. Article 1184 Refers to positive (suspensive) condition - The happening of an event at a determinate time
4.1. The obligation is extinguished: As soon as the time expires without the event taking place. As soon as it has become indubitable that the event will not take place although the time specified has not expired.
5. Article 1185 Refers to negative condition - An event that will not happen at a determinate time
5.1. The obligation shall become effective and binding: 1. From the moment the time indicated has elapsed without the event taking place. 2. From the moment it has become evident that the event cannot occur,although the time indicated has not yet elapsed
6. Article 1188 Rights pending fulfillment of suspensive condition: Rights of creditor a. Take or bring appropriate actions for the preservation of his right b. Go to court Rights of debtor a. Entitled to recover what he has paid by mistake
7. Article 1192 2 situations where both parties are guilty of breach: 1. First infractor known 2. First infractor cannot be determined
8. RONALIE I. CORTEZ
9. 1BSA-4
10. Primary Classification of Obligations under the Civil Code:
10.1. Pure and Conditional Obligations
10.1.1. Pure Obligations- Is one which is not subject to anycondition and no specific date ismentioned for its fulfillment and is,therefore, immediately demandable
10.1.2. Conditional Obligations- Is one whose consequences are subjectin one way or another to the fulfillmentof a condition
10.1.2.1. Condition- Is a future and uncertain event, uponthe happening of which, the effectivityor extinguishment of an obligation (orright) subject to it depends
10.1.2.1.1. Characteristics of a Condition: 1. Future and Uncertain 2. Past but Unknown
10.1.2.1.2. Principal Kinds of Condition:
10.2. Obligations with a period
10.3. Alternative and FacultativeObligations
10.4. Joint and Solidary Obligations
10.5. Divisible and Indivisible Obligations
10.6. Obligations with a Penal Clause
11. Secondary Classification:
11.1. Unilateral and Bilateral Obligations
11.2. Real and Personal Obligations
11.3. Determinate and Generic Obligations
11.4. Civil and Natural Obligations
11.5. Legal, Conventional, and Penal Obligations
12. Article 1181 Effect of Happening of condition Acquisition of Rights (suspensive) Loss of Rights already acquired (resolutory)
13. Article 1186 Requisites for the application of this article: 1. The condition is suspensive. 2. The obligor actually prevents the fulfillment of the condition. 3. He acts voluntarily
14. Article 1187 Retroactive effects of fulfillment of suspensive condition: 1. In obligation to give. 2. In obligation to do or not to do.
14.1. Retroactive effects as to fruits and interests inobligations to give: 1. In reciprocal obligations 2. In unilateral obligations
15. Article 1189 Requisites for application of this article:1. 1. The obligation is a real obligation 2. The object is a specific or determinate thing 3. The obligation is subject to a suspensive conditions 4. The condition is fulfilled 5. There is loss, deterioration, or improvement of the thing during the pendency of the condition
15.1. Resolutory Condition (Condition Subsequent) - One the fulfillment of which will extinguish an obligation (or right)already existing
15.2. Kinds of loss (civil law):
15.2.1. Physical loss - When a thing perishes as when a house is burned and reduced to ashes
15.2.2. Legal loss - When a thing goes out of commerce or when a thing heretofore legal becomes illegal - Both parties are debtors and creditors of each other
15.2.2.1. a. Reciprocal obligations - Are those which arise from the same cause and in which each party is a debtor and creditor of the other, such that the performance of one is designed to be the equivalent and the condition for the performance of the other. b. Non-reciprocal obligations - Are those conditions which do not impose simultaneous and correlative performance on both parties - The performance of one party is not dependent upon the simultaneous performance by the other