Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event

one without a condition or a term and as such, demandable at once.

the acquisition of rights, as well as the extinguishment, shall depend upon the happening of the event which constitutes the condition

uncertain events which wields an influence on a legal relationship

Future and uncertain Past but unknown

Suspensive condition -Conditions that cause the birth of the obligation Resolutory condition -Conditions that cause the extinguishment of the obligation

1. when it is pure 2. when it is subject to a resolutory condition 3. when it is subject to a resolutory period.

No condition, No period

certain length of time which determines the effectivity or the extinguishment of the obligation certain to arrive or must necessarily come even though it may not be known when.

If suspensive condition is not fulfilled, juridical tiedoes not appear; If resolutory condition is not fulfilled, the juridical tie is consolidated.

In suspensive condition, it’s only mere hope In resolutory condition, its effects flow, but over it hovers the possibility of termination.

effect: Suspensive Resolutory Form: Express Implied Possibility: Possible Impossible Cause/Origin: Potestative Casual Mixed Mode Positive Negative Numbers: Conjunctive Disjunctive Divisibility: Divisible Indivisible

Express ● The condition is clearly stated. ● This means that the condition is expressly provided by the contracting parties. Implied ● The condition is merely inferred. ● This means that the condition is not stated but reasonably understood to be part of the agreement.

Possible ● The condition is capable of fulfillment, legally and physically. Impossible ● The condition is not capable of fulfillment, legally or physically.

Potestative ● The condition depends upon the will of one of the contracting parties. ● This could be either the creditor or debtor. Casual ● The condition depends upon chance or upon the will of a third person. ● This could be an event that is independent of both the creditor or debtor or on a third person who is not influenced by either the creditor or debtor. Mixed ● The condition depends partly upon the will of a party and partly upon chance or the will of a third person.

Positive ● The condition consists in the performance of an act. Negative ● The condition consists in the omission or the non-performance of an act.

Conjunctive ● There are several conditions and all must be fulfilled. Disjunctive ● There are several conditions and only one or some of them must be fulfilled.

Divisible ● The condition is susceptible to partial performance. Indivisible ● The condition is not susceptible of partial performance.

Physically impossible conditions – Nature of things: cannot exist / cannot be done Legally impossible conditions – contrary to law, morals, good customs, public order or public policy.

1. Condition is SUSPENSIVE 2. Obligor actually PREVENTS THE FULFILLLMENT of the condition 3. He acts VOLUNTARILY *as long as the acts of the obligor is not malice or fraud.

Debtor is bound to return what he has received upon the fulfillment of the condition

Physical loss – thing perishes Legal loss – goes out of commerce / legal becomes illegal Civil loss – disappears in a way that its existence is unknown

right to enjoy the use and fruits of the thing of someone else property

Unilateral – only one party is obliged to comply with the prestation Bilateral – mutually bound to each other and may be reciprocal or non – reciprocal

Reciprocal Obligation – arise from same cause and in which each party is debtor and creditor of each other. Non – Reciprocal Obligation – do not depend simultaneous and correlative performance on both parties

nullifyinh of contract as if it never exist

has effect from a date in the past before it was approved.

Occurs when there is a failure or refusal, by a party without legal reason or excuse to perform, in whole or in part the obligation or undertaking which is incumbent upon him

agreement between two or more persons who adjust their perspective positions by mutual consent in the way they feel they can live with