Module 3 Flashcards
(11 cards)
Kinds of Civil Obligations?
- Pure
2. Conditional
is one wherein effectivity or extinguishment does not depend on the fulfilment or non-fulfillment of a condition or on expiration of a term or period, and which as a consequence, is characterized by the quality of immediate demandability.
Pure Obligation
is one whose effectivity is subrogated to the fulfilment or non-fulfillment of a future and uncertain fact or event.
conditional obligation
may be defined as a future and uncertain fact or event upon which an obligation is subordinated or made to depend.
condition
When the fulfilment of which depends upon the will of the party to the obligation.
Potestative Condition
When its fulfilment depends on chance and/or the will of a third person.
Casual Condition
When its fulfilment of condition depends partly on the will of a party to the obligation and partly on chance and/or will of a third person.
Mixed Condition
Is the conditional obligation void if its fulfilment depends upon the will of the debtor?
It depends.
When the fulfilment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void (Art. 1182).
When the fulfilment depends upon the will of a party to the obligation and partly upon chance and/or the will of a third person, the obligation including such condition shall take effect.
If it depends exclusively on the will of the creditor, the same is valid.
when its fulfilment results in ACQUISITION OF RIGHTS arising out of the obligation.
Suspensive Condition
when its fulfilment results in EXTINGUISHMENT OF RIGHTS arising out of the obligation.
Resolutory Condition
Effect of improvement, loss or deterioration of specific thing before the happening of a suspensive condition in an obligation to give
The rules are the following:
a. If the thing is lost without the fault of the debtor, the obligation shall be extinguished.
b. 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 canot be recovered.
c. When the thing deteriorates without the fault of the debtor, the impairment is to be done by the creditor.
d. If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfilment, with indemnity for damages in either case.
e. If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor.
f. If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary (Art. 1189). He may, however, remove such improvements, should it be possible to do so without damage to the property. The usufructuary may also set-off the improvements he may have on the property against any damage to the same (Art. 580).
