Download Understanding Pure and Conditional Obligations in Philippine Law and more Cheat Sheet Law in PDF only on Docsity! 7 — PURE AND CONDITIONAL OBLIGATIONS (1) Classification of Obligations: (1) Primary classification of obligations under the Civil Code a. Pure and conditional obligations b. Obligations with a period c. Alternative and facultative obligations d. Joint and solidary obligations e. Divisible and indivisible obligations f. Obligations with a penal clause (2) Secondary classification of obligations under the Civil Code a. Unilateral and bilateral obligations b. Real and personal obligations c. Determinate and generic obligations d. Civil and natural Obligations e. Legal, conventional, and penal obligations Article 1179. Every obligation whose performance does not depend upon future or uncertain event, or upon a past event unknown to the parties, is demandable at once. Every obligation which contain a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. Meaning of pure obligation: A pure obligation is one which is not subject to any condition and specific date is mentioned for its fulfillment and is, therefore, immediately demandable. Examples: (J) D obliges himself to pay C Php 1,000.00. The obligation is immediately demandable because there is no condition and no date is mentioned for its fulfillment. (2) D binds himself to pay C Php 1,000.00 “upon demand of C”. The obligation is immediately due and demandable. Meaning of conditional obligation: A conditional obligation is one whose consequences are subject in one way or another to the fulfillment of a condition. 7 - Different Kinds of Obligations (1) Philippine Electronics Engineering (ECE) Law, Contracts, & Ethics A.R. Sombilla Page 1 Meaning of condition: Condition is a future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or right) subject to it depends. Two principal kinds of condition: (1) Suspensive condition (condition precedent or condition antecedent) or one the fulfillment of which will give rise to an obligation (or right). In other words, the demandability of the obligation is suspended until the happening of the uncertain event which constitutes the condition Example: Iwill sell you the land if it is adjudicated to me in the division of my deceased father’s estate. My obligation is demandable only after the condition is fulfilled—my becoming owner of the land. In the meantime, I am not liable to you. (adjudicated — pronounced or declared judicially) (2) Resolutory condition (condition subsequent) or one the fulfillment of which will extinguish an obligation (or right) already existing. Example: D, in payment of his debt to C, binds himself to give C Php 3,000.00 monthly allowance until C graduates from college. D’s obligation is demandable now but it shall be extinguished or terminated upon the happening of the resolutory condition---C’s graduating from college. 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 1179. A period is a future and certain event upon the arrival of which the obligation subject to it either arises or is extinguished. Article 1181. In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition. 7 - Different Kinds of Obligations (1) Philippine Electronics Engineering (ECE) Law, Contracts, & Ethics A.R. Sombilla Page 2
