Course Hero Logo

Art 1182 when the fulfillment of the condition

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 10 - 13 out of 105 pages.

Art. 1182. When the fulfillment of the condition depends upon the sole will ofthe debtor, the conditional obligation shall be void. If it depends upon chanceor upon the will of a third person, the obligation shall take effect inconformity with the provisions of this Code. (1115) University of Cebu Collegeof Law10
Potestative – is one the fulfillment of which depends upon the sole will of thedebtor. This kind of condition is void. Example: Andrew Promised to give hisonly parcel of land to Amy if he decides to leave for the United States.Casual – is one the fulfillment of which depends upon chance. Example: Marianneagrees to give Lila a determinate car if Marianne’s only racing horse will winthe sweepstake race. Mixed – is one which depends partly upon the will of thirdperson and partly upon chance. Example: Tonix promise to give Sky a new ToyotaCar if Sky will be able to play with and beat Dominic in a game of chess. Thisis mixed condition, that is Dominic’s willingness to play chess with Sky and thelatter’s winning over Dominic.Art. 1183. Impossible conditions, those contrary to good customs or publicpolicy and those prohibited by law shall annul the obligation which depends uponthem. If the obligation is divisible, that part thereof which is not affected bythe impossible or unlawful condition shall be valid. The condition not to do animpossible thing shall be considered as not having been agreed upon. (1116a)Impossible condition is divided into 2: a) Physical Impossibility – thecondition imposed is not capable of being performed physically. Example: Lleinawill give Jack an Ipad if he can bring a dead man alive. b) IllegalImpossibility – when the condition imposed is contrary to law, good custom orpublic policy. Example: 1. Contrary to law – Pedro agrees to give PaulinoP100,000 if Paulino will kill Maria. 2. Contrary to good custom – Andrew bindshimself to give Marianne a gold bracelet if she will cohabit with Mr. Abingwithout benefit of marriage. 3. Contrary to public policy – Marianne agrees toemploy Guno in her company if Guno will not join a labor union. Effects ofImpossible conditions: If the condition is Positive and Impossible = thecondition and obligation is void Example: Andrew obliged to pay Jack P1,000,000if Jack kills Andrew’s business competitor. If the condition is Negative andImpossible = the condition is void but the obligation remains. Example: Lleinaobliged to give Jack a condominium unit if he does not raise a dead man alive.In this case the obligation still subsists.University of Cebu College of Law11
Art. 1184. The condition that some event happen at a determinate time shallextinguish the obligation as soon as the time expires or if it has becomeindubitable that the event will not take place. (1117) This article contemplateson a positive obligation, or an obligation to do. Example: I’ll give you my landif you marry Amy this year. If before the end of the year Amy died, and you havenot yet married her, the obligation is extinguished. Art. 1185. The condition

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 105 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Spring
Professor
NoProfessor
Tags
Law, Debt, University of Cebu College of Law

Newly uploaded documents

Show More

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture