20.november.2012 PURE OBLIGATION one without a condition or a term. CONDITIONAL OBLIGATION when there is a condition.

n. CONDITION it is an uncertain event which wields an influence on a legal relationship. TERM OR PERIOD that which necessary to come whether the parties know when it will happen or not. CLASSIFICATION OF OBLIGATION a. Suspensive the happening of the condition gives rise to the obligation. Resolutory the happening of the condition extinguishes the obligation. b. Potestative depends on the will of the debtor. Casual depends on the chance or hazard or the will of the third person. Mixed depends partly on the will of one of the parties and partly on chance or the will of a third person. c. Divisible capable of partial performance. Indivisible not capable of partial performance because if the nature of the thing, or because of the intention of one the parties. d. Positive an act is to be performed. Negative something will be omitted. e. Express the condition is implied. Implied the condition merely inferred. f. Possible capable of fulfillment in nature and in law. Impossible not capable of fulfillment due to nature or operation of law or morals or public policy; or due to contradiction in its terms. g. Conjunctive if all the conditions must be performed. Alternative if only a few of the conditions have to be performed.

evdenicolas | OBLICO notes_1 SEM_AY 2012-2013

st

DEBTOR to pay When His Means Permit Although it may seem to speak of the condition exclusively on the will of the debtor, the fact remains that payment does not depend the debtors will, for indeed he has promised payment. What really depends on him is not payment, but the TIME that payment is to be made. Similar Phrases: a. b. c. d. when my means permit to do so when I can afford it when I am able to when I have money

How Long Is the Term? The general rule is that the creditor must ask the court first for the fixing of the term, it is only when that term set arrives that he can demand fulfillment.

nemo dat quod non habet one cannot give what he does not have.

CONDITIONAL PERFECTION OF A CONTRACT if the perfection of a contract depends upon the fulfillment of a condition, non-fulfillment thereof means non-perfection of the contract since the fulfillment of suspensive condition should have been first fulfilled.

EFFECT IF PERIOD OF FULFILLMENT IS NOT FIXED If the period is not fixed in the contract, the court considering the parties intention, should determine what period was really intended.

evdenicolas | OBLICO notes_1 SEM_AY 2012-2013

st

RULE WHEN DEBTOR VOLUNTARILY PREVENTS FULFILLMENT OF THE CONDITION One must not profit by his own fault. Requisites: a. VOLUNTARILY made either maliciously or not, the intent to prevent must be present. b. actually PREVENTS intention without prevention, or prevention without intention is not sufficient.

FRUITS Refer to natural, industrial, and civil fruits (like rent). ACTIONS TO PRESERVE CREDITORS RIGHTS a. b. c. d. sue in court recording of the expected right in the Register of Deeds ask for security if the debtor is about to be insolvent ask the court to prevent alienation or concealment pendente conditionae

3 THINGS THAT MAY HAPPEN TO THE OBJECT OF AN OBLIGATION PENDING FULFILLMENT OF A SUSPENSIVE CONDITION 1. may be lost a. without the fault of the debtor b. with fault of the debtor c. partly with and partly without the fault of the debtor 2. may deteriorate a. without the fault of the debtor b. with fault of the debtor c. partly with and partly without the fault of the debtor 3. may be improved a. by nature or by time b. through the expense of the debtor c. partly by nature or time and partly by the debtor

evdenicolas | OBLICO notes_1 SEM_AY 2012-2013

st

LOSS a. b. c. d. when it perishes when it goes out of commerce when it disappears in such a way that its existence is unknown when it disappears in such a way that it cannot be recovered.

RIGHT TO RESCIND means the right to cancel or resolve the contract or reciprocal obligation in case of non-fulfillment on the part of one.

PERIOD is a certain length of time which determines the effectivity or the extinguishment of obligations.

PERIOD distinguished from CONDITION a. in their fulfillment a condition is an uncertain event; period is an event which must happen sooner or later, at a date known beforehand, or a time which cannot be determined. b. with reference to time a condition may under the law refer even to the past; a period always refers to the future c. as to influence on the obligation a condition causes an obligation to arise or to cease; a period merely fixes the time or the efficaciousness of an obligation.

evdenicolas | OBLICO notes_1 SEM_AY 2012-2013

st

DIFFERENT KINDS OF TERMS OR PERIODS a. 1. Definite 2. Indefinite b. 1. Legal 2. Conventional or Voluntary 3. Judicial c. 1. Ex Die 2. In diem

evdenicolas | OBLICO notes_1 SEM_AY 2012-2013

st