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89. Define a conditional obligation.
LEGAL ANSWER:An obligation where the acquisition rights, as well
as the extinguishment or loss of those already acquired, shall
depend upon the happening of the event which constitutes the
condition.
LEGAL BASIS/SOURCE:Art.1179
a) Suspensive condition
b) Resolutory condition
2. as to the origin of condition
a) Potestative condition
b) Casual condition
c) Mixed condition
3. as to possibility
a) Possible condition
b) Impossible condition
4. as to mode
a) Positive condition
b) Negative condition
5. as to divisibility
a) Divisible condition
b) Indivisible condition
6. as to numbers
a) Conjunctive condition
b) Alternative condition
7. as to form
a) Express condition
b) Implied condition
LEGAL BASIS/SOURCE: Art.1179
94. What is the effect upon the obligation if the condition imposed depends
solely upon the will of the debtor?
LEGAL ANSWER: When the fulfillment of the condition depends upon
the soled will of the debtor, the conditional obligation shall be void.
LEGAL BASIS/SOURCE: Art.1182
95. What is the effect upon the obligation if the condition imposed depends
upon chance or upon the will of a third person?
LEGAL ANSWER:If the condition imposed depends upon chance or
upon the will of a third person, the obligation shall take effect in
conformity with the provisons of this Code (1115).
LEGAL BASIS/SOURCE: Art.1182
96. State those conditions which, if imposed upon an obligation will make the
obligation void.
LEGAL ANSWER:A condition whose fulfillment depends upon those
sole will of one of the contracting parties. If the fulfillment of a
potestative condition depends exclusively upon the will of the
debtor, the condition obligation shall be void.
LEGAL BASIS/SOURCE: Art.1182
98. When shall the obligation be demandable if the condition imposed is that
some event happens a determinate time?
LEGAL ANSWER:The condition that some event happen at a
determinate time shall extinguish the obligation as soon as the time
expires or if it has become indubitable that event will not take place
(1117)
LEGAL BASIS/SOURCE: Art.1184
99. If the condition imposed is that some event will not happen at a
determinate time, when shall the obligation become effective?
LEGAL ANSWER: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 if it has become evident
that the event cannot occur.
LEGAL BASIS/SOURCE: Art.1185
101. What are the rules to determine the retroactive effects of the fulfillment
of a suspensive conditional obligation to give?
LEGAL ANSWER:Once the condition has been fulfilled, it shall
retroact to the day of the constitution of the obligation. The
condition is only an accidental element of a contract. Hence, the
obligation is still valid even in the absence of such condition.
LEGAL BASIS/SOURCE: Art.1187
102. Who shall determine the retroactive effects of the condition that has
been complied with, in obligation to do or not to do?
LEGAL ANSWER:Court is empowered to determine retroactive of the
suspensive condition that has been complied with.
LEGAL BASIS/SOURCE: Art.1187