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Article 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 article 1197
According to law it is not a conditional obligation but an obligation
with a period. Why is that so?
So what is then dependent upon the will of the debtor? It is the
moment/time of payment.
When will he pay? The creditor must first go to court for the fixing
of the period as to when the debtor shall pay. It is only after the
arrival of the period or term fixed when an action for fulfilment
could rightfully be filed by the creditor.
Other terms or phrases indicative of a term or period:
-little by little
-as soon as possible
-as soon as I have money
-to wait until such time that he could pay the full indebtedness
-to be paid in partial payments
There is no exact date but there is a period or that the debtor has
the intention to pay.
1181: Suspensive and resolutory conditions
Suspensive conditions/condition precedent-the happening of which
gives rise to the obligation
Resolutory Conditions/condition subsequent-is one the happening
of which extinguishes rights and obligations already exist but are
under the threat of extinction upon the happening or fulfilment of
the resolutory condition.
The ultimate test is when the condition can happen even before the
acquisition of the rights, if the answer is yes than that is suspensive
if the answer is no then it is resolutory.
Contract to sell and sale:
Contract to sale: the owner transfers the ownership to the buyer as
soon as there is delivery subject to that negative resolutory
condition (if condition not fulfilled, then seller can rescind the
contract)
Contract to sale is a negative resolutory condition
Contract to sell: the seller remains the owner of the said property
until the buyer is able to fulfil the payment to the seller which is the
condition
Contract to sell is a positive suspensive condition
1182: when the fulfilment 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 the conformity with the provisions of
this code
This provision only applies to suspensive conditions.
What are the suspensive conditions covered in this article?
-potestative or facultative condition- it is a condition the fulfilment
of which depends on the exclusive will of one of the parties, that is,
either the debtor or creditor. Note: article refers only to the debtor
-casual condition-this is a condition the fulfilment of which depends
upon chance or upon the will of a third person
-mixed condition-it is a condition the fulfilment of which depends
partly upon the will of the parties and partly upon chance or the will
of a third person
What will be the effect of the imposition that depends solely on the
will of the debtor? The whole obligation will be void. Why? It is
because there is always possibility that the obligation will be
rendered illusory.
Even on the assumption that what was imposed is a potestative
condition solely dependent upon the will of the debtor would this
result in the nullification of the obligation? Yes
Example of casual condition: chance- Ill pay 10,000 pesos if I win the
lottery, third person- ill pay 10,000 if ever I received allowance from
my parents
Another example is Ill give you money if it rains tomorrow, but if it
rained today then it is not considered, it should be tomorrow.
Example of mixed condition: Ill give you a car if you marry this
certain person
Article 1183: Impossible conditions
What are impossible conditions? They are those conditions which
are not capable of realization or actualization according to nature,
law, public policy or good customs. It could be physically, legally and
logically impossible.
It applies only to cases where the condition was already impossible
from the time of the constitution of the obligation, to positive and
suspensive conditions and only contracts except donations, wills
and testaments.
If the condition is impossible and it is resolutory then article does
not apply.
If the condition is negative, it would be deemed to be as not having
been agreed upon by the parties. Hence, article 1183 will not apply.
It will be considered as a pure obligation that is, it would be
immediately demandable.
Does this apply to all kinds of contracts? No, it does not apply to
donations, wills and last testaments. It is same rule as when the
condition is a negative condition which would be deemed as not
having been agreed upon by the parties.
When that impossibility should take place in order for this article to
apply? It should take place from the time of the constitution of the
obligation. So if impossibility takes place only after the constitution
of the obligation, what would happen? It would not affect the
obligation, but the creditor may demand fulfilment unless
impossibility is brought about by the creditors fault. There are
times also when the condition is impossible at the time of the
constitution of the obligation but after that it becomes possible,
what would be the effect of that? Obligation remains void
The test is the possibility or the impossibility of the condition at the
time of the constitution of the obligation, what happens after that is
immaterial.
1184 and 1185: talks about positive and negative conditions when
there is a specific period imposed. 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. If the period had lapsed without the
condition having been fulfilled, the obligation is extinguished. If it
becomes certain that the event will not happen or take place then it
is extinguished.
Example, Ill give you 10000 pesos if it rains tomorrow. But it did not
and the day is the day after tomorrow then the obligation is
extinguished.
1185-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. 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.