Armero, Rizzalyn M.
BSACTECH
I. Definitions

1. Condition is a future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or right) subject to it depends. 2. Civil loss- when a thing disappears in such a way that its existence is unknown; or even if known, it cannot be recovered, whether as a matter of fact or of law. 3. Reciprocal obligations are those which arise from the same cause and in which each party is a debtor and creditor of the other, such that the performance of one is designed to be the equivalent and the condition for the performance of the other. 4. Pure obligation is one which is not subject to any condition and no specific date is mentioned for its fulfilment and is, therefore, immediately demandable. 5. Potestative condition- a condition suspensive in nature and which depends upon the sole will of one of the contracting parties.

II. Discussions 1. Illustrate an obligation subject to: a. Suspensive condition- the fulfilment of which will give rise to an obligation (or right). In other words, the demandability of the obligation is suspended until the happening of the uncertain event which constitutes the condition. b. Resolutory condition- the fulfilment of which will extinguish an obligation (or right) already existing.
What is the effect of the fulfilment of the condition in a conditional obligation? * Acquisition of rights * Loss of rights

2. If the condition is resolutory and if it is a negative conditional obligation. 3. No. It is stated that in suspensive condition, the obligation arises when it is fulfilled. 4. The debtor or obligor is entitled to the fruits accrued during pendency. 5. State the rules in case the thing to be delivered: * Lost of thing without debtor’s fault : ART.1174 * Lost of thing through debtor’s fault: ART. 1170 * Deterioration of thing without debtor’s fault: ART 1174 * Deterioration of thing through debtor’s fault: ART. 1191
Article 1174: Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which though foreseen, were inevitable.
Article 1170: Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages.
Article 1191: The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. The injured party may choose between the fulfilment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfilment, if the latter should become impossible. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. This is understood to be without prejudice to the rights of third person who have acquired the thing, in accordance with articles 1385 and 1388 and the Mortgage Law. III. Problems

1. 2. 3. 4. 5.
Section 2 I. Definitions

1. Obligation with a period is one whose effects or consequences are subjected in one way or another to the expiration or arrival of said period or term. 2. Period is a future and certain event upon the arrival of which the obligation subject to it either arises or is terminated. 3. Indefinite period- 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.

II. Discussions 1. Article 1195 stated that anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits, and interests. 2. Article 1197 stated that if the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof.
The courts shall also fix the duration of the period when it depends upon the will of the debtor.
In every cases, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them. 3. * When the debtor becomes insolvent. * When debtor does no furnish guaranties or securities promised. * When guaranties or securities given have been impaired or have disappeared. * When a debtor violates an undertaking. * When debtor attempts to abscond. III. Problems

1. 2. 3.
Section 3 I. Definitions

1. Alternative obligation- one where several prestations are due but the performance of one is sufficient. 2. Facultative obligation- one where only one prestation is due but the debtor may substitute another. 3. Conjunctive obligation- one where there are several prestations and all of them are due.

II. Discussions

1. * Impossible- A promised to deliver to C a 5 kilos of strawberry, or a moon from Jupiter. It is impossible to deliver a moon from Jupiter. * Unlawful * Could not have been the object of the obligation 2. Exercise his right of choice- Example, A insured his house with B, an insurance company. It is agreed that if the house is destroyed or damaged, A may either pay the damage or loss or rebuild the house.
Rescind the contract with damages- Example, A borrowed from C P50000. It was agreed that instead of P50000, A could deliver item one, or item two, or item three. If through the fault of C item one is destroyed, A can rescind the contract if he wants. 3. If some of the objects of the obligation have been lost or have become impossible even through the fault of the debtor, the latter is not liable since he has the right of choice and the obligation can still be performed.
If all of them have been lost, the creditor shall have the right to indemnity for damages since the obligation can no longer be complied with.

III. Problems