compliance with the condition the donation may now be revoked and all rights

Compliance with the condition the donation may now be

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compliance with the condition, the donation may now be revoked and all rights which the donee may have acquired under it shall be deemed lost and extinguished. (Central Philippine University v. CA, G.R. No. 112127, July 17, 1995) Q: What does a constructive fulfillment of a condition entail? A: When the debtor actually prevents the fulfillment of the condition, then said condition shall be deemed fulfilled. U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l A CADEMICS C HAIR : L ESTER J AY A LAN E. F LORES II V ICE C HAIRS F OR A CADEMICS : K AREN J OY G. S ABUGO & J OHN H ENRY C. M ENDOZA V ICE C HAIR FOR A DMINISTRATION AND F INANCE : J EANELLE C. L EE V ICE C HAIRS FOR L AY O UT A ND D ESIGN : E ARL L OUIE M. M ASACAYAN & T HEENA C. M ARTINEZ 2. POTESTATIVE CONDITION Q: When is a condition said to be potestative? A: When the condition depends upon the will of one of the contracting parties. Q: Does a condition which depends upon the will of the debtor invalidate both the condition and the obligation? What about a condition which depends upon the will of the creditor? A: Yes. This is because its validity and compliance is left to the will of the debtor, and cannot therefore be easily demanded. But if the condition is a pre existing one, only the condition is void, leaving the obligation itself valid. Further, if the condition is resolutory, it is valid because what is left to the sole will of the debtor is not the existence or the fulfillment of the obligation but merely its extinguishment. If the fulfillment depends upon the will of the creditor, in any case, both the condition and the obligation are valid. Q: What are the effects of the fulfillment of a suspensive condition? A: 1. Real obligations: GR: Effects retroact to the day of constitution of the obligation. XPN: No retroactivity as to; a. fruits b. interests XPN to the XPN : There may be retroactivity as to the fruits and interests in unilateral obligations if such intention appears 2. Personal obligations the court determines the retroactive effect of the condition fulfilled. Q: What are the effects of the fulfillment of a resolutory condition? A: 1. Real obligations: a. obligation is extinguished b. Parties shall return to each other what they have received. 2. Personal obligations the court determines the retroactive effect of the condition fulfilled. Q: What are the other types of conditions? A: CaMP NID CAPI 1. Ca sual the performance or fulfillment of the condition depends upon chance and/or the will of a third person 2. M ixed the performance or fulfillment of the condition depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person 3. P ositive involves the doing of an act 4. N egative involves the omission of an act 5. D ivisible is susceptible of partial performance 6. I ndivisible is not susceptible of partial performance 7. C onjunctive there are several conditions in an obligation all of which must be performed 8. A lternative there are several
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