In unilateral obligations Example Debtor has the right to keep the fruits of

In unilateral obligations example debtor has the

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In unilateral obligations - Example: Debtor has the right to keep the fruits of his delivery if he received it during pendency of condition unless a contrary intention was inferred. Art. 1188. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. (1121a) RIGHTS PENDING FULFILLMENT OF SUSPENSIVE CONDITION 1) Right s of cr e ditor - He may bring appropriate actions for the preservation of his right as debtor May render nugatory the obligation upon happening of condition. He may go to court to prevent concealment of property or to have his right annotated in the registry of property. 2) Rights of debtor -- He is entitled to recover what he has paid by mistake due to the suspensive condition. This right is granted to the debtor because the creditor may not be able to fulfill the condition and therefore it is not certain that obligation will arise. (Solutio Indebt - no one shall enrich himself for the benefit of another) Art. 1189. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished; (2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown, or it cannot be recovered; (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor; (4) If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case; (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor;
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(6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary. (1122) Example (case): Respondent Eric would always stay at Honiara Hotel every time he is here in the Solomon’s and would rent a safety deposit box. The safety deposit box could only be opened using 2 keys, one of which is given to the registered guest, and the other remaining in the possession of the management of the hotel. Eric allegedly placed the following in his safety deposit box – 2 envelopes containing US Dollars, one envelope containing Australian Dollars, Letters, credit cards, bankbooks and checkbook 22 August 1997, before leaving for a brief trip, Eric took some items from the safety box which includes the MM: envelope containing Six Thousand US Dollars (US$6,000.00), the other envelope containing Ten Thousand Australian Dollars (AUS$10,000.00), his passports and his credit cards. The other items were left in the deposit box. Upon arrival, he found out that a few dollars were missing and the jewelry he bought was likewise missing. Eventually, he confronted Soga and Pepe
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