Chapter 3 Oblicon
Chapter 3 Oblicon
Chapter 3 Oblicon
1. When it is pure
2. When it has a resolutory condition
(Ex. I’ll give you my car but you should not marry Maria this year) –
this is demandable now.
TERM OR PERIOD – that which necessarily come whether the parties know
when it will happen or not.
Future and uncertain event or a past event unknown to the
parties
This is not exactly a condition since, as a matter of reality, the thing has
already happened or not. What is really meant here is future knowledge of a
past event will determine whether or not an obligation will arise. Hence, a
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condition is really “a future AND certain event, “not “a future OR uncertain
event”.
CLASSIFICATION OF CONDITIONS
1. As to EFFECT
Effects:
a. Effectivity retroacts to the day of the constitution of the obligation
b. No retroactivity with reference to fruits or interest and prescription
c. Creditor may preserve rights
d. Debtor – recovery of payment by mistake or even w/o mistake
Example: I will allow you to use my car until you pass the Integrated
Business Law 1.
EFFECTS
a. No retroactive effect
b. Obligation extinguished
c. Restore to each other what was received plus interest/fruits
2. As to CAUSE/ORIGIN
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Potestative – dependent on sole will of the debtor (also called
facultative condition)
- Ex., I’ll sell you my car if I like
3. As to DIVISIBILITY
4. As to MODE
5. As to FORM
6. As to POSSIBILITY
possible – capable of fulfillment in nature and in law
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a. Impossible (physically) Example – to make a dead man
alive
(logically) Example – to make a circle that is at the
same time a square (illogical condition)
Effects:
I. If the condition is to do an impossible or illegal thing,
BOTH the condition and the obligation are VOID
(because the debtor knows that the no fulfillment
can be done and therefore there is not serious about
being liable. (example: I’ll sell you my car if you can
make a dead man alive)
7. As to NUMBERS
conjunctive – if all the conditions must be performed.
alternative- if only few of the conditions have to be
performed
SIMILAR PHRASES:
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c. “when I am able to”
d. “when I have money”
The General Rule is, therefore, for the creditor to ask the court first for
the fixing of the term, and it is only when that term arrives that he can
demand fulfillment. Any action to recover before this is done is considered
premature.
What are the three things that may happen to the object of an
obligation pending fulfillment of a SUSPENSIVE CONDITION?
1. THE OBJECT:
o May be lost
o May deteriorate (value is reduced or impaired)
o May be improved
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The OBJECT may be IMPROVED:
a. By nature or by time
b. Through the expense of the debtor
c. Partly through the nature or time and partly by the
debtor
Obligation for whose fulfillment a day certain has been fixed, shall be
demandable only when that day comes.
Examples:
1. I will give you money and gift on your birthday
2. I will give you a 500 allowance until you finish your course
3. Payment of taxes
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Nota bene:
REQUISITES:
1. It must refer to the future
2. It must be certain (sure to come) but can be extended
3. It must be physical and legally possible, otherwise the obligation is
VOID.
ALTERNATIVE OBLIGATIONS
FACULTATIVE OBLIGATIONS
Example: I will give you my BMW car but I may give you my Mercedes
benz as a substitute.
1. As to Number
2. As to right of choice
3. Loss thru a fortuitous event
4. Loss through fault of the debtor
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JOINT and SOLIDARY OBLIGATIONS
Passive solidary – solidary on the part of the debtors, where any one of
them can be made liable for the fulfillment of the entire obligation;
Active Solidary - solidary on the part of the creditors, where any one of
them can demand the fulfillment of the entire obligation;
Mixed Solidary - solidary on the part of the debtors and creditors, where
each of the debtors is liable to render, and each of the creditors has a right
to demand, entire compliance of the obligation;
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OBLIGATION WITH A PENAL CLAUSE – is one which contains an accessory
undertaking to pay a previously stipulated indemnity in case of breach of the
principal prestation intended primarily to induce fulfillment;
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