Pure obligations PDF

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1. Pure Obligaions.A pure obligation is an obligation that is demandable since it has no condition and there is no specific date stated or mentioned.This is an obligation that is demandable at once as stated in Article 1179, that every obligation whose performance does not depend upon a future or un...

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1. Pure Obligations. A pure obligation is an obligation that is demandable since it has no condition and there is no specific date stated or mentioned. This is an obligation that is demandable at once as stated in Article 1179, that every obligation whose performance does not depend upon a future or uncertain event, or upon a past event that is unknown to the parties. 2. Conditional Obligations. A conditional obligation is an obligation that one whose consequences are to comply one way or another for its fulfillment. In short, this is an obligation that is subjected to a condition. A condition is future or uncertain event, upon the happening which, the effectivity or the cancellation of the obligation is subject to it depends. The characteristics of a conditions are it is future and uncertain and past but unknown. Also, it must be not be impossible. The Suspensive and the Resolutory condition are the two principal kind of condition. Suspensive conditions (condition precedent or condition antecedent) are condition which suspends the obligation until the happening of a future or uncertain event. Therefore, the demandability of right is after the condition is fulfilled. While Resolutory conditions (condition subsequent) are condition that is existing obligation and terminates the right upon fulfillment. 3. Suspensive V. Resolutory conditions. The difference between Suspensive and Resolutory condition that if the fulfillment of an obligation takes after the uncertain event happens, that is Suspensive, on the other hand, if Resolutory condition is already fulfilled, the obligation is extinguished. If the first does not take place, the tie of law is not necessary, while if it is the other, the tie of law is consolidated Lastly, until the first takes place, the existence of the obligation is a mere hope, while in the second, its effects flow, but over it, there is the possibility of termination. 4. Potestative, casual, and mixed conditions. Potestative condition- is condition, suspensive condition in nature and which depends upon the sole will of one of the contracting parties. When suspensive condition is upon the will of the debtor, first is the conditional obligation is void, because the validity and the compliance is left upon the debtor. According

to Article 1182, when the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation is void. Second is the only the condition is void, there is a pre-existing obligation and hence, does not depend for its existence upon the fulfillment of the debtor of the potestative condition. Therefore, leaving the obligation unaffected. While if the suspensive condition is upon the will of the creditor, the obligation is valid. If the Resolutory condition depends upon the will of the debtor, the obligation is valid, In Article 1181, the fulfillment of the condition causes of the extinguishment of the acquisition of rights already acquired. Also, the debtor is naturally interested in it. Casual condition- if the suspensive condition is upon chance or the will of a third person, the obligation subject is valid. Mixed Condition- if the suspensive condition depends partly upon chance or partly upon the will of a third person, the obligation is valid. 5. Impossible conditions. According to Article 1183, impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid. The condition not to do an impossible thing shall be considered as not having been agreed upon. There are two kinds of impossible conditions.  

Physically impossible conditions- this are in nature in things which cannot exist or cannot be done. Legally impossible conditions- this are those contrary to law, moral, good customs, public order, or public policy.

6. Effects of (Impossible) conditions. 1. Conditional obligation void- impossible conditions annul the obligation. Both obligation and the condition are void. As the obligor knows his obligation is not legal or cannot be fulfilled. Hence, the obligor has no intention on complying with his obligation. 2. Conditional obligation is valid- if only the condition is negative or not to do an impossible thing, therefore, the obligation is rendered pure and valid. 3. Only the affected obligation void- if the obligation can be divided, the part where impossible condition is not affected shall be valid.

4. Only the condition void- if the obligation is pre- existing, therefore, does not depend on the fulfillment of the impossible condition, hence, only the condition is void. 7. Constructive fulfilment of suspensive condition. In Article 1186, the condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. Constructive fulfillment of suspensive condition. There are three requisites for the application of this article: 1. The condition is suspensive; 2. The obligor actually prevents the fulfillment of the condition; and 3. He acts voluntarily. The law does not require that the obligor acts with malice or fraud as long as his intention is to prevent the fulfillment of the condition. 8. Retroactive effects of fulfillment of suspensive condition. 1. In obligation to give- this become demandable only if the condition is already fulfilled. However, once it is fulfilled, its effects will retroact to the day when the obligation was constituted. Because the condition is only an accidental element of a contract and the obligation can rise without being subject to a condition. 2. In to do or not to do - the rule is that there is no fixed rule provided. However, this does not mean that the principle of retroactivity is not applicable. The courts are empowered by the use of sound discretion and keeping in mind the intent of the parties, to determine in the cases which the retroactive effect of the suspensive condition has complied with. Retroactive effects as to fruits and interests in obligations to give. 1. In reciprocal obligations- no retroactivity takes place, because the fruits and interests upon the condition are deemed to be mutually compensated. The rule is necessary for purposed of convenience since the parties would not have to render mutual accounting. 2. In unilateral obligations- there is usually no retroactive effect since they are gratuitous. The debtor does not receive anything from the creditor. 9. Rights of creditor pending fulfillment of suspensive condition. In Article 1188, paragraph 1, the creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right.

The rights of creditor is he/she may take appropriate actions for his right, as the debtor may not render the importance of the obligation upon the happening of the condition. Therefore, he may take it in the court to prevent the hiding of the property the debtor has to deliver, or to have his right annotated on the title to the property in the registry of deeds. 10. Loss, improvement, deterioration of thing to be delivered pending the fulfillment of suspensive condition/resolutory condition. In Article 1189, when the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: Rules in case of loss, deterioration or improvement of thing during pendency of suspensive condition. 1. Loss of thing without debtor’s fault- The obligation is extinguished. In general rule, a person is not liable for a fortuitous event occurred. 2. Loss of thing through debtor’s fault- if the loss is due to negligence, the creditor is entitled to demand for damages. 3. Deterioration of thing without debtor’s fault- deterioration is when its value is reduced or impaired. In this case, without debtor’s fault, therefore, the debtor is not liable for the damages and the creditor will have to suffer of the deterioration. 4. Deterioration of thing through debtor’s fault- There is two choices to choose. First, the rescission or cancellation of the obligation with damages. The debtor is liable to pay for the thing and the incidental damage due to deterioration. Second, is to fulfill the obligation and also, to pay the damages. 5. Improvement of thing by nature or by time- There is improvement if the value of it is increased or enhance by nature or by time. In this case, the creditor gets the benefit of the improvement. 6. Improvement of thing at expense of debtor- in this case, the debtor is having the benefit of improvement while using the thing belonging to another. Effects of fulfillment of resolutory condition 1. In obligations to give- in resolutory condition, when the obligation is fulfilled, the obligation is extinguished. The parties are obliged to return to each other what they received under the obligation.

a. There is a return to the status quo. The effect of the fulfillment of the condition is retroactive. b. The obligation of mutual restitution is absolute. It applies to the things received, as well as to the fruits and interests. c. In case the thing to be returned is legally in the possession of a third person who did not act in bad faith, the remedy of the party entitled to restitution is not against the third person but the other. d. In obligations to give subject to a suspensive condition, the retroactivity admits of exceptions according to whether the obligation is bilateral or unilateral. Here, there are no exceptions, whether the obligation is bilateral or unilateral. e. If the condition is not fulfilled, the obligation or rights acquired by a party become vested. 2. In obligation to do or not do- the courts shall determine the retroactive effect of the fulfillment of the resolutory condition. The courts may even don’t allow retroactivity in each cases. Applicability of Article 1189 to party with obligation to return. The fulfillment of the resolutory condition moves the creditor into debtor, and vice versa. Therefore, there will be an applicability of the provisions of Article 1189 in case of loss, deterioration, or improvement of the thing. Pending the fulfillment of the condition, the debtor and the creditor are entitled with rights of Article 1188. 11. Unilateral/reciprocal obligations. Kinds of obligation according to the person obliged  

Unilateral- There is only one party is obliged to comply with an object or prestation. Bilateral- Both parties are obliged to comply with each other. Both are debtor and creditor of each other. It can be: a) Reciprocal obligations- this is an obligation which arise from the same cause and both party are debtor and creditor to themselves. This is an act wherein the performance of the debtor is equivalent to the performance of the creditor and vice versa. b) Non-reciprocal obligations- are those do not impose that the performance of both parties are simultaneous and correlative. The performance of one party do not depends upon the simultaneous performance of the other party.

12. Effect of mutual breach.

As mentioned in the Article 1192, In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. Article 1192 contemplates two situations: 1. First infractor known- if one party violated his obligation. Afterwards, the other party committed violation also to his obligation. In result to that, the first infractor’s liability should be equitably reduced. 2. First infractor cannot be determined- Both of the parties violated their obligation subsequently. However, the first infractor cannot be determined or recognized. Therefore, the contract shall be deemed extinguished and both shall bear their own damages. In effect, the court shall not provide remedy to the two parties on who must suffer the damages allegedly sustained by the both parties....