Obligation L3 De Leon

Question 1

Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to parties, is demandable at once

Answer 1

ARTICLE 1179

Question 2

Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening event.

Answer 2

ARTICLE 1179

Question 3

Is one which is not subject to any condition and no specific date mentioned for its fulfillment and is, therefore, immediately demandable

Answer 3

PURE OBLLIGATION

Question 4

Is one whose consequences are subject in one way or another to the fulfillment of a condition

Answer 4

CONDITIONAL OBLIGATION

Question 5

Is a future or uncertain event, upon the happening of which, the effectively extinguishment of an obligation (or rights) subject to it depends:
a. Future and Uncertain
b. Past but unknown

Answer 5

CONDITION

Question 6

One the fulfillment of which will give rise to an obligation (or right). The demandability of the obligation is suspended until the happening of a future and uncertain event that constitutes the condition.

Answer 6

SUSPENSIVE CONDITION (Condition precedent or condition antecedent)

Question 7

One the fulfillment of which will extinguish an obligation (or right) already existing. Non-compliance with or non-fulfillment of the condition resolves the contract by force of law without the need for judicial intervention

Answer 7

RESOLUTORY CONDITION (Condition subsequent)

Question 8

When an obligation is ____________
1. When it is pure
2. When it is subject to resolutory condition; and
3. When it is subject to a resolutory period

Answer 8

OBLIGATION IS DEMANDABLE AT ONCE

Question 9

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 Article 1197

Answer 9

ARTICLE 1180

Question 10

Is a future and certain event upon the arrival of which the obligation subject either arises or extinguished

Examples:
1. When the debtor binds himself to do so
2. When his means permit him to do so
3. Little by littles
4. As soon as possible
5. From time to time
6. As soon as I have the money

Answer 10

PERIOD

Question 11

Classification of Condition as to _______
1. Suspensive Condition
2. Resolutory Condition

Answer 11

EFFECT

Question 12

Classification of Condition as to _______
1. Express
2. Implied

Answer 12

FORM

Question 13

Classification of Condition as to _______
1. Possible
2. Impossible

Answer 13

POSSIBILITY

Question 14

Classification of Condition as to _______
1. Potestative
2. Casual
3. Mixed

Answer 14

CAUSE OR ORIGIN

Question 15

Classification of Condition as to _______
1. Positive
2. Negative

Answer 15

MODE

Question 16

Classification of Condition as to _______
1. Conjunctive
2. Disjunctive

Answer 16

NUMBER

Question 17

Classification of Condition as to _______
1. Divisible
2. Indivisible

Answer 17

DIVISIBILITY

Question 18

Article 1183. 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.

The condition not to do an impossible thing shall be considered as not having been agreed upon.

Answer 18

POSSIBLE AND IMPOSSIBLE CONDITION

Question 19

The impossibility must already exist at the time the obligation was constituted if the impossibility arises after the creation of obligation, the debtor in obligations to do so shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. (Art 1226)

Answer 19

POSSIBLE AND IMPOSSIBLE CONDITION

Question 20

when they, in nature or things, cannot exist or cannot be done

Answer 20

PHYSICALLY IMPOSSIBLE CONDITION

Question 21

when they are, contrary to law, morals, good customs, public order, or public policy

Answer 21

LEGALLY IMPOSSIBLE CONDITION

Question 22

Impossible conditions annul the obligation which depends upon them

Answer 22

CONDITIONAL OBLIGATION VOID

Question 23

If the condition is negative, that is, not to do an impossible thing, it is disregarded and the obligation is rendered pure and valid.

Answer 23

CONDITIONAL OBLIGATION VALID

Question 24

if the obligation is divisible, the part thereof not affected by the impossible condition shall be valid

Answer 24

ONLY THE AFFECTED OBLIGATION IS VOID

Question 25

If the obligation is a pre-existing obligation, and, thereof, does not depend upon the fulfillment of the condition which is impossible, for its existence, __________

Answer 25

ONLY THE CONDITION IS VOID

Question 26

It is a condition suspensive in nature and which depends upon the sole will of one of the contracting parties

Answer 26

POTESTATIVE CONDITION

Question 27

When the suspensive condition depends solely upon the will of the debtor, the conditional obligation shall be _____ because its validity and compliance are left to the will of the debtor and it cannot, thereof, be legally demandable. Ex. 1. I will pay you if I want 2. I will pay you upon the sale of the house which I live

Answer 27

VOID

Question 28

Where the suspensive condition depends solely upon the will of the debtor: if the obligation is a ____________ one, and thereof, does not depend for its existence upon the fulfillment by the debtor of the potestative condition, only the condition is void leaving unaffected obligation itself

Answer 28

PRE-EXISTING

Question 29

Where the suspensive condition depends upon solely the will of the creditor, the obligation is _______

Answer 29

VALID

Question 30

If the suspensive condition depends upon a chance or upon the will of a third person, the obligation subject to it is VALID Ex. Where S binds himself to sell his land to S if he wins a case which is pending before the Supreme Court

Answer 30

CASUAL CONDITION

Question 31

The obligation is valid if the suspensive condition depends partly upon chance and partly upon the will of a third person Ex. Where X, the building contractor. obliges himself in favor of Y, the owner, to repair X's expense, any damage to the building taking place after an earthquake if found by a panel of arbitrators that construction defects contributed in any way to the damage

Answer 31

MIXED CONDITION

Question 32

The happening of an event at a determinate time. The obligation is extinguished: 1. As soon as the time expires without the event taking place; or 2. As soon as it has become indubitable that the event will not take place although the time has specified has not yet expired

Answer 32

POSITIVE CONDITION

Question 33

The event will not happen at a determinate time. The obligation shall become effective and binding: 1. From the moment the time indicated has elapsed without the event taking place; or 2. From the moment it has become evident that the event cannot occur , although the time indicated has not yet lapsed; Note: If no time if fixed, the circumstances shall be considered to determine the intention of the parties. This rule may also be applied to a positive condition

Answer 33

NEGATIVE CONDITION

Question 34

Art 1186. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. Requisites: 1. The condition is suspensive 2. The obligor actually prevents (with malice or fraud) the fulfillment of the condition; and 3. He acts voluntarily

Answer 34

CONSTRUCTIVE FULFILLMENT OF SUSPENSIVE CONDITION

Question 35

Art. 1186 applies also to an obligation subject to a resolutory condition with respect to the debtor who is bound to return what he has received upon the fulfillment of the condition

Answer 35

CONSTRUCTIVE FULFILLMENT OF SUSPENSIVE CONDITION

Question 36

Retroactive effects of fulfillment of a suspensive condition An obligation to give subject to a suspensive condition becomes demandable only upon the fulfillment of the condition. However, once the condition is fulfilled, its effects shall retroact to the day when the obligation was constituted

Answer 36

I[N OBLIGATIONS TO GIVE

Question 37

Retroactive effects of fulfillment of a suspensive condition no fixed rule. The court are empowered by the use of sound discretion and bearing in mind the intent of the parties, to determine, in each case, the retroactive effect of the suspensive condition has been complied with. It includes the power to decide that the fulfillment of the condition shall have no retroactive effect shall be reckoned

Answer 37

IN OBLIGATIONS TO DO OR NOT TO DO

Question 38

Retroactive effects of fulfillment of a suspensive condition There is no retroactive effect

Answer 38

IN RECIPROCAL OBLIGATION

Question 39

Retroactive effects of fulfillment of a suspensive condition There is no retroactive effect. (Usually gratuitous)

Answer 39

IN UNILATERAL OBLIGATION

Question 40

Rights pending fulfillment of suspensive condition He/she may take or bring appropriate actions for the preservation of his/her right, as the debtor may render nugatory the obligation upon the happening of the condition

Answer 40

RIGHT OF CREDITOR

Question 41

Rights pending fulfillment of suspensive condition He/she is entitled to recover what he has paid by mistake prior to happening of the suspensive condition

Answer 41

RIGHT OF DEBTOR

Question 42

1. Perishes (Physical Loss) 2. Goes out of commerce (Legal Loss) 3. Disappears in such a way that its existence is unknown or it cannot be recovered (Civil Loss)

Answer 42

CONCEPT OF LOSS

Question 43

Gives the right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides

Answer 43

USUFRUCT

Question 44

The parties, upon fulfillment of said conditions, shall return to each other what they have received

Answer 44

EFFECT OF FULFILLMENT OF RESOLUTORY CONDITION IN OBLIGATION TO GIVE

Question 45

In obligation to do or not to do, the courts shall determine, in each case, the retroactive effect of the condition has been complied with.

Answer 45

EFFECT OF FULFILLMENT OF RESOLUTORY CONDITION IN OBLIGATION TO DO OR NOT TO DO

Question 46

Obligation whose fulfillment a day certain has been fixed shall be demandable only when that day come Obligations with a resolutory period take effect at once but terminate upon arrival of the day certain A day certain is understood to be that which must necessarily come, although it may not be known when If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section

Answer 46

ARTICLE 1193

Question 47

One whose consequences are subjected in one way or another to the expiration of said period term

Answer 47

OBLIGATIONS WITH A PERIOD

Question 48

Is a future and certain event upon arrival of which the obligation (or right) subject to it either arises or is terminated. It is a day certain which must necessarily come, although it may be known when, like death of a person

Answer 48

PERIOD

Question 49

requisites of a __________ 1. Future 2. Certain, and 3. Possible, legally, and physically

Answer 49

VALID PERIOD OF TERM

Question 50

According to Effect The obligation begins only from a day certain upon the arrival of the period

Answer 50

SUSPENSIVE PERIOD (ex die)

Question 51

According to Effect The obligation is valid up a day certain and terminates upon the arrival of the Period

Answer 51

RESOLUTORY PERIOD (in deim)

Question 52

According to Source When it is provided for by law

Answer 52

LEGAL PERIOD

Question 53

According to Source When it is agreed by the parties

Answer 53

CONVENTIONAL OR VOLUNTARY PERIOD

Question 54

According to Source When it is fixed by the court

Answer 54

JURIDICAL PERIOD

Question 55

According to Definiteness When it is fixed or it is known when it will come

Answer 55

DEFINITE PERIOD

Question 56

According to Definiteness When it is not fixed or it is not known when it will come. Where the period is not fixed but a period is intended, the courts are usually empowered by law to fix the same

Answer 56

INDEFINITE PERIOD

Question 57

Whenever in an obligation a period is designated. It is presumed to have been established for the benefit of both the creditor and the debtor

Answer 57

GENERAL RULE

Question 58

When it appears from the tenor of the period or other circumstances that it was established for the benefit of one of the parties

Answer 58

EXCEPTION

Question 59

The creditor may demand the performance of the obligation at any time, but the debtor cannot compel him to accept payment before the expiration of the Period

Answer 59

WHEN IT IS FOR THE BENEFIT OF THE CREDITOR

Question 60

The debtor may oppose any premature demand on the part of the creditor for the performance of the obligation, or if he so desires, he may renounce the benefit of the period by performing his obligation in advance

Answer 60

WHEN IT IS FOR THE BENEFIT OF THE DEBTOR

Question 61

One where there is only one prestation

Answer 61

SIMPLE OBLIGATION

Question 62

One where there are two or more prestation

Answer 62

COMPOUND OBLIGATION

Question 63

One where there are several prestation and all of them are due

Answer 63

CONJUCTIVE OBLIGATION

Question 64

One where one of two or more of the prestation is due. It may be alternative of facultative

Answer 64

DISTRIBUTIVE OBLIGATION

Question 65

It is an obligation where the debtor is alternatively bound by different prestation, but the complete performance of one sufficient to extinguish the obligation

Answer 65

ALTERNATIVE OBLIGATION

Question 66

It is an obligation where the debtor, who has a reserved right to choose another prestation or thing, is bound to perform one of the several prestation due or to deliver a thing as a substitute for the principal

Answer 66

FACULTAIVE OBLIGATION

Question 67

Right to choose prestation in an alternative obligation The right of choice belongs to the debtor

Answer 67

GENERAL RULE

Question 68

Right to choose prestation in an alternative obligation Unless it has been expressly given to the creditor or third person

Answer 68

EXCEPTION

Question 69

One where there is only one obligor and one oblige

Answer 69

INDIVIDUAL OBLIGATION

Question 70

One where there are two or more debtors and/or two or more creditors. It may be joint or solidary

Answer 70

COLLECTIVE OBLIGATION

Question 71

One where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors

Answer 71

JOINT OBLIGATION

Question 72

One where each one of the debtors is bound to render, and/or each one of the creditors has a right to demand entire compliance with the prestation

Answer 72

SOLIDARY OBLIGATION