Article 1182 - Lecture notes 3 PDF

Title Article 1182 - Lecture notes 3
Course Obligations and Contracts
Institution Mindanao State University
Pages 1
File Size 59.7 KB
File Type PDF
Total Downloads 53
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Summary

Article 1182. When the fulfillment of the condition dependsconditional obligation shall be void. If it depends upon chance or upon the will of a third person, theupon the sole will of the debtor, the obligation shall take effect in conformity with the provisions of this Code. Classifications of Cond...


Description

Article 1182. When the fulfillment 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 conformity with the provisions of this Code. Classifications of Conditions. (1) As to effect: (a) Suspensive - gives rise to the obligation (b) Resolutory - extinguishes the obligation (2) As to form: (a) Express - clealy stated (b) Implied - merely inferred (3) As to possibility: (a) Possible - capable of fulfillment (b) Impossible - not capable of fulfillment (4) As to cause or origin: (a) Potestative - one of the will of contracting parties (b) Casual - upon chance or upon the will of a third person (c) Mixed - partly upon chance and partly upon the will (5) As to mode: (a) Positive - consists in the performance of act (b) Negative - consists in the omission of an act (6) As to numbers: (a) Conjunctive - several conditions and all must be fulfilled (b) Disjunctive - several conditions and only one or some of them must be fulfilled (7) As to divisibility (a) Divisible - susceptible of partial performance (b) Indivisible - not susceptible of partial performance Suspensive Condition depends upon the will of debtor. (1) Conditional obligation void. - its validity and compliance is left to the will of the debtor and it cannot be easily demanded. - there is no burden, no juridical is created. (2) Only the condition void. - the obligation is pre-existing and unaffected. - the condition is imposed not on the birth of the obligation but on the fulfillment. The obligation is valid if the suspensive condition depends upon the will of the creditor. The obligation is valid if the resolutory condition depends upon the will of the debtor. The fulfillment of the condition merely causes the extinguishment or loss of rights already acquired. The obligation is valid if the suspensive condition depends upon the will of a third person - casual condition. The obligation is valid if the suspensive condition depends partly upon chance and upon the will of a third person....


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