CH. 3 SEC. 1 PURE AND CONDITIONAL OBLIGATIONS Flashcards
Memorize the provisions under Chapter 3 Section 1 of the Civil Code
Art. 1179. par. 1. Every obligation whose performance does not depend upon a future […], or upon a […], is demandable at once
Art. 1179. par. 1. 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
Art. 1179. par. 2. Every obligation which contains a resolutory condition shall […], without prejudice to the effects of the happening of the event.
Art. 1179. par. 2. Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event.
Art. 1180. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed […], subject to the provisions of Art. 1197.
Art. 1180. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Art. 1197.
Art. 1181. In conditional obligations, the […], as well as the […] of those already acquired shall depend upon the happening of the event which […].
Art. 1181. 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 condition.
Art. 1182. When the fulfillment of the condition depends upon the […], the conditional obligation shall be void. If it depends upon […] or upon the […], the obligation shall take effect in conformity with the provisions of this Code.
Art. 1182. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code.
Art. 1183. par. 1. Impossible conditions, those […] and those […] shall […] the obligation which depends upon them. If the obligation is divisible, […] shall be valid.
Art. 1183. par. 1. Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.
Art. 1183. par. 2. The condition not to do an impossible thing shall be considered as […].
Art. 1183. par. 2. The condition not to do an impossible thing shall be considered as not having been agreed upon.
Art. 1184. The condition that some event happen at a determinate time shall extinguish the obligation as soon as […] or if it has become […].
Art. 1184. The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place.
Art. 1185. par. 1. The condition that […] shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur.
Art. 1185. par. 1. The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur.
Art. 1185. par. 2. If no time has been fixed, the condition shall be deemed fulfilled […], bearing in mind the nature of the obligation.
Art. 1185. par. 2. If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been contemplated, bearing in mind the nature of the obligation.
Art. 1186. The condition shall be […] when the obligor voluntarily prevents its fulfillment.
Art. 1186. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.
Art. 1187. par. 1. The effects of a conditional obligation to give, once the condition has been fulfilled, shall […] to the day of the […]. Nevertheless, when the obligation imposes […] upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been […]. If the obligation is unilateral, the debtor shall […] the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different.
Art. 1187. par. 1. The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal prestations upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. If the obligation is unilateral, the debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different.
Art. 1187. par. 2. In obligations […], the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.
Art. 1187. par. 2. In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.
Art. 1188. par. 1. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the […].
Art. 1188. par. 1. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right.
Art. 1188. par. 2. The debtor may […] what during the same time he has paid by mistake in case of a […].
Art. 1188. par. 2. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition.
Art. 1189. No. 1. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, […];
Art. 1189. No. 1. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished;
Art. 1189. No. 2. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (2) If the thing is lost through the fault of the debtor, he shall be […]; it is understood that the thing is lost when it […], or […], or disappears in such a way that its existence is […] or it […];
Art. 1189. No. 2. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered;
Art. 1189. No. 3. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (3) When the thing deteriorates without the fault of the debtor, the […];
Art. 1189. No. 3. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor;
Art. 1189. No. 4. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (4) If it deteriorates through the fault of the debtor, the creditor may choose between […] and its […], with […];
Art. 1189. No. 4. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (4) If it deteriorates through the fault of the debtor, the creditor may choose between the recission of the obligation and its fulfillment, with indemnity for damages in either case;
Art. 1189. No. 5. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (5) If the thing is improved by its nature, or by time, the […];
Art. 1189. No. 5. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor;
Art. 1189. No. 6. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (6) If the thing is improved at the expense of the debtor, he shall […].
Art. 1189. No. 6. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (6) If the thing is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.
Art. 1190. par. 1. When the conditions have for their purpose the extinguishment of an obligation to give, the parties upon the fulfillment of said conditions, shall […].
Art. 1190. par. 1. When the conditions have for their purpose the extinguishment of an obligation to give, the parties upon the fulfillment of said conditions, shall return to each other what they have received.
Art. 1190. par. 2. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in […] shall be applied to the party who is bound to return.
Art. 1190. par. 2. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article (Art. 1189) shall be applied to the party who is bound to return.
Art. 1190. par. 3. As for obligations to do and not to do, the provisions of the second paragraph of […] shall be observed as regards the effect of the extinguishment of the obligation.
Art. 1190. par. 3. As for obligations to do and not to do, the provisions of the second paragraph of Article 1187 shall be observed as regards the effect of the extinguishment of the obligation.
Art. 1187 par. 2. In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.
