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Creditor may preserve rights d debtor recovery of

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Unformatted text preview: uspensive – happening of condition gives rise to obligation • Effects: a. Effectivity retroacts to the day of the constitution of the obligation b. No retroactivity with reference to fruits or interest and prescription c. Creditor may preserve rights d. Debtor – recovery of payment by mistake or even w/o mistake RULES ON LOSS, DETERIORATION, AND IMPROVEMENTS DURING PENDENCY OF A SUSPENSIVE CONDITION (Art. 1189) Improvement If by nature or by time inures to the benefit of the debtor If at the expense of the debtor debtor’s right is only that of a usufructuary REQUISITES FOR THE APPLICATION OF ARTICLE 1189 a. 1.The obligation must be a real obligation b. 2.The object is a specific or determinate thing c. The obligation is subject to a suspensive condition d. The condition is fulfilled e. There is loss, deterioration or improvement of the thing during the pendency of the happening of the condition 2. Resolutory – happening of condition extinguishes obligation EFFECTS: a. No retroactive effect b. Obligation extinguished c. Restore to each other what was received plus interest/fruits 3. Potestative – dependent on sole will of 1 party; if on part of debtor and suspensive – void 4. Casual – dependent on chance or hazard 5. Mixed – chance, or any of parties 6. With term Page 110 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. Positive – extinguished if time expires or indubitable of condition to happen b. Negative – effective from moment of time elapsed or evident it can't happen IMPOSSIBLE AND ILLEGAL CONDITIONS • GENERAL RULE: They shall annul obligation which depends upon them • EXCEPTIONS: a. pre-existing obligation b. if obligation is divisible c. in simple or remuneratory donations d. testamentary dispositions e. conditions not to do an impossible thing When it is left exclusively to the will of the debtor, the obligation is void the OBLIGATIONS WITH A PERIOD WITH A PERIOD – An obligation which depends on a future and certain event (See Arts 1193, 1196) WHEN STIPULATION SAYS “PAYABLE WHEN ABLE” – IT IS WITH A PERIOD, REMEDY: 1. Agreement am...
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