Law Reviewer

10 Kinds of Obligation

1. Pure

2. Conditional

3. Alternative

4. Facultative

5. Joint

6. Solidary

7. Divisible

8. Indivisible

9. Obligation w/ a period

10. Obligation w/ a penal clause

1. PURE OBLIGATION

- w/o condition, demandable at once (pure has resolutory condition/period)

2. CONDITIONAL OBLIGATION

- there is condition in performance; future & uncertain

2Kinds

a. Suspensive condition – happening of condition gives RISE to obligation

b. Resolutory condition – happening of condition EXTINGUISHES obligation

6 MISCELLANEOUS RULES ON CONDITIONAL OBLIGATION

1. Impossible conditions, contrary to law, shall ANNUL obligation.

2. The condition not to do an impossible thing is considered not agreed upon.

3. The condition that happens in determinate time, EXTINGUISHES obligation.

4. The condition that happens in INDETERMINATE time, obligation only effective at arrival.

5. The condition is fulfilled if DEBTOR prevents fulfillment.

6. The effect of conditional obligation, once fulfilled:

- to give: retroact to the day of constitution of obligation

- has reciprocal prestations: fruits & interests be mutually compensated

- has unilateral obligation: debtor shall give fruits & interests

RULES in case of Loss, Improvement, or Deterioration of thing during the pendency of condition

1. LOST

a. w/ debtor’s fault – damages

b. w/o debtor’s fault – extinguishes obligation

2. DETERIORATION

a. w/ debtor’s fault - (1) cancel obligation & damages; or (2) fulfill obligation w/ damages

b. w/o debtor’s fault – creditor suffer impairment

3. IMPROVEMENT

a. By nature/time – benefit to creditor

b. at expense of debtor – debtor no right than that granted to usufructuary (debtor no right to compensate amount for improvement)

EFFECTS OF FULFILLMENT OF SUSPENSIVE CONDITION

General Rule: The obligation becomes effective retroactively to the day obligation was constituted.

Exceptions:

1. In reciprocal obligation, fruits & interests during pendency of...