LAW ON OBLIGATIONS AND CONTRACTS

BOOK | SECOND SEMESTER

CHAPTER 3: DIFFERENT KINDS OF OBLIGATIONS (1179-1182)

PURE OBLIGATION VS. CONDITIONAL

OUTLINE OBLIGATIONS
I Classifications of Obligations
A Primary classification
B Secondary classification Pure obligation vs. Conditional obligation
II Section 1 – Pure and Conditional Obligations Pure Conditional
III Art. 1179 Not subject to any condition Obligation fulfillment is
A Pure obligation No specific due date subject to condition
B Conditional obligation
Immediately demandable
C Condition
D Characteristics of condition
E Principal kinds of condition CONDITION: DEFINITION, CHARACTERISTICS,
F Distinctions: Suspensive and resolutory conditions KINDS
G When obligation is demandable at once
H Past event unknown to the parties
IV Art. 1180 Condition
A Where duration of the period depends upon the will of Definition Future and uncertain event
debtor Characteristics Future and uncertain
V Art. 1181 Past but unknown
A Effect of happening of condition
Principal kinds Suspensive condition – will
VI Art. 1182
A Classification of conditions give rise to obligation
B Potestative, casual, mixed Resolutory – will extinguish
C Suspensive condition - will of debtor obligation
D Suspensive condition – will of creditor
E Resolutory condition – will of debtor Distinctions: Suspensive and Resolutory Conditions
F Suspensive condition – partly will of debtor
Both influence the existence of obligation
Suspensive condition Resolutory condition
CLASSIFICATION OF OBLIGATIONS Obligation rises Obligation extinguishes
If does not happen = no legal If does not happen = legal tie
Classification of obligations tie consolidated
Primary Secondary Mere hope Possibility of termination
1. Pure and conditional 1. Unilateral and bilateral
obligations obligations multilateral
WHEN OBLIGATION IS DEMANDABLE AT ONCE
2. Obligations with a period 2. Real and personal
3. Alternative and obligations
facultative obligations 3. Determinate and generic 1. Pure
4. Joint and solidary obligations 2. Subject to resolutory condition
obligations 4. Civil and natural 3. Subject to resolutory period
5. Divisible and indivisible obligations
obligations 5. Legal, conventional, and PAST EVENT UNKNOWN TO THE PARTIES
6. Obligations with a penal penal obligations
clause • Past event cannot be a condition since demandability of
obligation subject to condition depends if the event will
happen or not.
SECTION 1 – PURE AND CONDITIONAL • Knowledge to be acquired in the future of a past event
OBLIGATIONS (not yet known) determines if the obligation will arise or
not
Art. 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.

FRANCHESKA F. ATENDIDO
LAW ON OBLIGATIONS AND CONTRACTS
BOOK | SECOND SEMESTER

Art. 1180 As to Numbers Conjunctive – all must be fulfilled

Disjunctive – one or some of them
When the debtor binds himself to pay when his means As to Divisibility Divisible – susceptible of partial perf.
permit him to do so, the obligation shall be deemed to be one Indivisible – not susceptible of partial
with a period subject to the provisions of Art. 1197 perf.

WHERE DURATION OF THE PERIOD DEPENDS POTESTATIVE, CASUAL, MIXED

UPON THE WILL OF DEBTOR
As to cause or origin conditions
Period – future and certain event Potestative Depends on the sole will of 1 of the parties
Casual Depends on chance or will of 3rd person
1. Debtor promises to pay when his means permits him to Obligation is valid
do so Mixed Depends partly on the chance and partly
• Obligation shall be deemed to be one with a period on the will of 3rd person
• Duration of the period depends of the debtor’s will
• Court shall fix the specific time for payment if the
parties cannot agree SUSPENSIVE CONDITION - WILL OF DEBTOR
2. Other cases
• “little by little” Conditional obligation void Only the condition void
• “as soon as possible” • Its validity and compliance • Obligation is pre-existing
• “from time to time” left to the will of debtor • Doesn’t depend on
• “at any time I have the money” • To not be liable, debtor will potestative condition
• “in partial payments” just not fulfill the condition • Condition imposed is not
• No burden on him on the birth of oblig. But
• “when I am in a position to pay”
• No juridical tie created on fulfillment
Art. 1181 • In cases below, conditions
and obligations are void
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 Examples
condition. “I will pay you if I want”
“I will pay you after I receive a loan from a bank”
EFFECTS OF HAPPENING OF CONDITION “I will pay you after I have harvested fish”
“I will pay you upon the sale of the house in which I live”
“I will pay you the price of the forest concession you sold me
1. Acquisition of rights – in suspensive condition, upon my operation of the same”
acquisition of rights of creditor depends on the “I will continue to lease your property for as long as I need the
condition premises and pay the rent”
2. Loss of rights already acquired – subject to resolutory
condition which extinguishes right acquired
RESOLUTORY CONDITION – WILL OF DEBTOR

Art. 1182 • Repurchase in a sale with pacto de retro

• Obligation is valid
When the fulfillment of the condition depends upon the sole • Debtor is naturally interested in the fulfillment
will of the debtor, the conditional obligation shall be void. If it • Resolutory – debtor = suspensive – creditor
depends upon chance or upon the will of a third person, the
obligation shall take effect in conformity with the provisions of SUSPENSIVE CONDITION – PARTLY ON THE WILL
this Code. OF DEBTOR

CLASSIFICATION OF CONDITIONS Exclusive = fulfillment of conditional obligations that depend

• partly on the will of debtor and
Classification of conditions • partly on the will of 3rd person or
As to Effect Suspensive – gives rise to obligation • upon chance are perfectly valid
Resolutory – extinguishes obligation • Obligation void: part of condition depends on the
As to Form Express – clearly stated debtor’s will
Implied – merely inferred
As to Possibility Possible – capable of fulfillment
Impossible – incapable of fulfillment
As to Cause or Potestative – will of 1 of the parties
Origin Casual – will of a 3rd person
Mixed – partly chance and partly will of 3rd
person
As to Mode Positive – performance of act
Negative – omission of act

FRANCHESKA F. ATENDIDO