1115 Conditional obligation void Example I will pay you after said condition

1115 conditional obligation void example i will pay

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(1115) Conditional obligation void - Example : I will pay you after said condition has been done or will be done Only the condition void - Example : Pele borrowed money from Caro payable within two months, Pele also promised to pay Caro after Pele sells his car to which Caro agreed. Here, only the condition is void but not the pre-existing obligation of Pele to pay Caro. If condition depends exclusively upon will of creditor, obligation is valid - Example: I will pay you my indebtedness upon your demand. The obligation does not become illusory. Normally, creditor is interested upon fulfillment of obligation because it is for his benefit. It is up to him to enforce his right or not. Casual condition - Example: where JT binds himself to sell his land to JM if he wins a case pending before the supreme court. Mixed condition - Example: MA a building contractor binds himself to Max to repair at MA’s expense if the building was damaged due to an earthquake judged by a panel of arbritators that the construction contributed to the damage in anyway. Both conditions must happen so that MA’s obligatio n will arise. Art. 1183. 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. (1116a)
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Impossible Condition - Example : Rihanna will give Perry a gold necklace if she swims across the Atlantic Ocean Illegal or Illicit Condition - Example: Contrary to law – Nelson agrees to give Leo P200,000 if Leo will kill Martin. Contrary to good custom – Santos binds himself to give Maria a gold wrist watch if she will cohabit with Mr. Reyes without benefit of marriage. Contrary to public policy – Maria agrees to employ Grace in her company if Grace will not join a labor union. Negative Impossible Condition - Example: “I will give you a million peso if you can turn the straw turn into gold. “Or, “I will give you all my assets when it would not rain in May. “In, these cases, the obligation is pure and immediately demandable, there is no need to wait for the condition to happen. Divisible Obligation - Example: Pedro promise to pay Juan the sum of P1, 000.00 if Juan furnishes Pedro with information as to the whereabouts of Jane and another sum of P2,000.00 if Juan kidnaps Jane, in the obligation, the first part (to pay P1, 000.00) is valid while the second part (P2, 000.00) is void because only the latter is affected by the condition. Express and Implied. Art. 1184. 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 the event will not take place. (1117) Positive Condition - Example: X binds himself to give B 10,000php to B if B not yet married to C on Dec.30 but on dying example, this art.1184 obligation is an
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