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then there can be an application of 1186. cannot encumber, dispose, or sell the object of
the prestation because of Article 1188. The
Josefina Tayag vs Court of Appeals and creditor may go to court and bring the
Albrigido Levya appropriate actions for the preservation of his
The creditor said the one who voluntarily right. Thus there is this prohibition on the part
prevents the fulfillment of the obligation should of the debtor prior to happening of the
be the debtor not the creditor. suspensive condition whereby the object of the
prestation is determinate.
How was that resolved by the court?
He cannot encumber or do any act that would
It is a reciprocal obligation whereby both are tend to prejudice the rights of the inchoate
mutual creditors and debtors to each other. creditor, inchoate in the sense that prior to the
happening of the suspensive condition he does
Art. 1187
not have a real right over it yet, but nonetheless
What happens if the obligation subject is a because what is involved is a determinate
suspensive condition is fulfilled? object then he is forbidden from disposing of it
or encumbering it or performing any act that
Article 1187 provides that it shall retroact to the would tend to prejudice the creditor because of
date of the constitution of the obligation, the 1188 bring the appropriate action to protect his
reason being that the suspensive condition is interest.
merely an accessory element. For as long the
three elements of an obligation are present Art. 1189
then the obligation is valid because and
Then what are the rules to be observed prior to
obligation can exist even without a condition so
the happening of the suspensive condition in
it is given retroactive application.
the event of loss, deterioration, or
Right to the happening of the suspensive improvement? That’s 1189 which is also true in
condition and it is one that is reciprocal. What obligations subject ro resolutory condition.
happens to the fruits as well as the interest?
Deterioration
There is mutual compensation meaning the
When it deteriorates without the fault of the
seller retains the fruits and the buyer retains
debtor then it shall be borne by the creditor.
the interest.
If it deteriorates or is impaired by reason of the
In unilateral obligation it shall accrue to the
negligence of the debtor, the creditor has 2
benefit of the debtor.
choices:
Example: Contract of usufructs.
To Rescind plus damages or to demand
Art. 1188 fulfillment plus damages