OBLICON FAQs - 1179-1192

Frequently Asked Questions – Articles 1179-1192
1. What is a pure obligation?

- Pure obligation is the obligation, which is immediately demandable, it is not subject to any
condition and no specific is mentioned for its fulfillment.
2. What is a condition?
- Condition is an uncertain event or future act, that will cause the acquisition or extinguishment of
an obligation (or right) to be destroyed, created, or expanded upon, it depends.
3. What is a conditional obligation?

- Conditional obligation is one whose consequences are subject in one way or another to the
fulfillment of a condition. It is dependent on an uncertain event.
4. When is an obligation demandable at once?

- As stated in Article 1179. Every obligation whose performance does not depend upon a future
or uncertain event, or upon a past event unknown to the parties, is demandable at once.
- Every obligation which contains a resolutory condition shall also be demandable, without
prejudice to the effects of the happening of the event.
5. What is a suspensive condition?

- 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.
- When an uncertain event occurs, the suspended part of the contract is brought to life. In the
absence of the fulfillment of the suspensive condition, the suspended rights and obligations
never come into existence, and it will be as if the agreement was never concluded.
6. What is a resolutory condition?

- Resolutory condition (condition subsequent) or one the fulfillment of which will extinguish an
obligation (or right) already existing.
7. What is the effect when the debtor binds himself when his means permit him to do so?
- According to 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
1197.
- The only thing that is left to the debtor’s will is the duration of the period. If both the debtor and
creditor cannot agree to a specific time for payment, the court shall fix the same on the
application of either party.
8. What is a potestative condition?

- Potestative condition is the condition suspensive in nature and which depends upon the will of
one of the contracting parties.
9. What is casual condition?
- Casual condition is the condition which depends upon chance or upon the will of a third person.
10. What is a mixed condition?

- Mixed condition is the condition which depends partly upon chance and partly upon the will of
a third person.
11. What are the effects of impossible and illegal conditions in obligations?
- Article 1183 states, 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.
- If the condition is to do an impossible and illegal thing, both condition and obligation are void.
The obligor knows his obligation cannot be fulfilled then he has no intention to comply with his
obligation, this is the reason behind the law.
- If the condition is negative, or not to do the impossible, the condition is disregarded but the
obligation is valid. The condition is always fulfilled when it is not to do an impossible thing so
that it is the same as if there were no condition.
- If the condition is negative, or not to do an illegal act, both condition and obligation are valid.
12. What are the effects of a positive condition in an obligation?

- According to Article 1184. The condition that some events happen at a determinate time shall
extinguish the obligation as soon as the time expires or if it has become indubitable that the
event will not take place.
- The obligation is extinguished:
(1) as soon as the time expires without the event taking place;
(2) as soon as it has become indubitable that the event will not take place although the time
specified has not expired.
13. What are the effects of a negative condition in an obligation?

- As stated in Article 1185. The condition that some event will not happen at a determinate time
shall render the obligation effective from the moment the time indicated has elapsed, or it has
become evident that the event cannot occur.
- If no time has been fixed, the condition shall be deemed fulfilled at such time as may have
probably been contemplated, bearing in mind the nature of the obligation.
- The obligation shall become effective and binding:
(1) from the moment the time indicated has elapsed without the event taking place; or
(2) from the moment it has become evident that the event cannot occur, although the time
indicated has not yet elapsed.
14. What is the effect when the debtor voluntarily prevents the fulfillment of the condition?
- According to Article 1186. The condition shall be deemed fulfilled when the obligor voluntarily
prevents its fulfillment.
15. What are the rules regarding loss, deterioration, and improvement of a thing in real obligations
with a suspensive condition?
- The rules regarding loss, deterioration, and improvement of a thing in real obligations with a
suspensive condition:
✓ Loss of thing without debtor’s fault.
✓ Loss of thing through debtor’s fault.
✓ Deterioration of thing without debtor’s fault.
✓ Deterioration of thing through debtor’s fault.
✓ Improvement of thing by nature or by time.
✓ Improvement of thing at expense of debtor.
16. What does the power to rescind means in an obligation?

- The power to rescind in an obligation means the right to cancel or resolve the contract or
reciprocal obligations in case one of the parties did not meet the requirement or condition.
17. What is the effect of rescission in an obligation?

- The effect of rescission in an obligation is it voids the contract from its inception and requires a
mutual return or restitution of benefits received. Creating the obligation to return the object of
the contract. It can only be performed when the one who demands the rescission can return
whatever he may be obliged to restore.
18. What does in pari delicto mean?

- Pari delicto is the latin for ‘in equal fault’, meaning two or more people are guilty of a crime or
at fault for something they have done. Neither the courts of law nor equity will intervene between
parties when both parties made an illegal agreement.

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Frequently Asked Questions – Articles 1179-1192

1. What is a pure obligation?

3. What is a conditional obligation?

4. When is an obligation demandable at once?

5. What is a suspensive condition?

6. What is a resolutory condition?

8. What is a potestative condition?

10. What is a mixed condition?

12. What are the effects of a positive condition in an obligation?

13. What are the effects of a negative condition in an obligation?

16. What does the power to rescind means in an obligation?

17. What is the effect of rescission in an obligation?

18. What does in pari delicto mean?

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