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Questions and Answers
What characterizes a juridical necessity in an obligation?
Which of the following is NOT an essential requisite of an obligation?
What is the primary difference between real obligations and personal obligations?
Which of the following sources does NOT create an obligation?
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What distinguishes a wrong or injury in the context of obligations?
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Which of the following types of obligations refers specifically to doing something?
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Which option correctly identifies a characteristic of quasi-delicts?
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What is NOT a requirement for obligations arising from law?
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What does administrative law govern?
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Which of the following is NOT a category of private law?
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What is the primary purpose of the Law on Obligations and Contracts?
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According to the conclusive presumption of knowledge of law, what is the implication for individuals?
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What is the definition of an obligation as stated in Article 1156?
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Which code is the Law on Obligations and Contracts primarily based upon?
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Which of the following statements is true regarding civil procedure?
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What is the significance of the effective date of the Civil Code of the Philippines?
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What distinguishes fraud from negligence?
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Which type of fraud involves actions during the performance of an existing obligation?
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What is the remedy for incidental fraud according to the information provided?
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Which statement about negligence and liability is correct?
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What is true regarding waivers of action for future negligence?
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What defines contravention of the terms of obligation?
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Which is a characteristic of causal fraud?
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What happens when both parties to a contract are negligent?
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What is the creditor's right regarding the fruits of an obligation?
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Which type of fruit is produced without intervention of human labor?
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Under which condition does the obligation to deliver fruits generally arise?
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What distinguishes a personal right from a real right?
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Which statement is true regarding the remedies of a creditor in a specific real obligation?
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Which of the following best describes civil fruits?
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What happens if there has been no delivery of the specific thing by the debtor?
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When does the creditor acquire ownership of a specific thing?
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What assumption arises when the principal is fully receipted for but no interest payment is preserved?
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In the case of tax payments, what is true regarding the presumption of previous tax payments?
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What is a remedy available to creditors who have not been fully repaid?
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Which statement about the liability of a debtor for obligations is correct?
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What characterizes a pure obligation?
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Which of the following is true about conditions affecting obligations?
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When does a suspensive condition come into play?
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Which of the following rights is generally not transmissible or assignable?
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Study Notes
Administrative Law
- Governs methods for performing functions of administrative authorities.
Criminal Procedure
- Branch of private law that governs methods of trial and punishment in criminal cases.
Private Law
- Regulates relationships between individuals for private purposes.
- The state enforces private law as an arbiter, not a party.
- Includes:
- Law on Obligations and Contracts
- Civil Law
- Commercial Law
- Civil Procedure
Law on Obligations and Contracts
- Body of rules dealing with the nature and sources of obligations.
- Deals with rights and duties arising from agreements and contracts.
Civil Code of the Philippines
- Also known as Republic Act No. 386.
- Based on the Civil Code of Spain, which took effect on December 7, 1889.
- Approved as R.A. No. 386 on June 18, 1949 and took effect on August 30, 1950.
- Divided into four books.
Conclusive Presumption of Knowledge of Law
- Ignorance of the law excuses no one from compliance.
- Everyone is conclusively presumed to know the law.
- Reasons:
- Social life would be impossible if laws weren't enforced due to ignorance.
- It's nearly impossible to prove ignorance of the law.
- It's absurd to excuse those who don't know the law while holding those who do know it to a higher standard.
- Evasion of the law would be facilitated, and the administration of justice would be defeated if ignorance was accepted as a defense.
Title I: Obligations
- General Provisions
- Article 1156:
- Obligation: A juridical necessity to give, do, or not do something.
- Stresses the duty of the debtor or obligor to fulfill their obligation.
- This refers to civil obligations, which grant the creditor or obligee the right to enforce performance in courts.
- Distinguished from natural obligations, which do not grant a right of action but are fulfilled voluntarily by the debtor.
- Juridical necessity: Courts can be called upon to enforce fulfillment or, in default, the economic value represented.
Essential Requisites of an Obligation
- Passive subject (debtor/obligor): Person bound to fulfill the obligation.
- Active subject (creditor/obligee): Person demanding fulfillment of the obligation.
- Object/prestation (subject matter): Consists of giving, doing, or not doing.
- Juridical/legal tie (efficient cause): Source of obligations, binds and connects the parties.
Form of Obligations
- Manner in which an obligation is manifested or incurred (oral, written, partly oral or partly written).
- Generally, the law doesn't require any form for obligations arising from contracts to be valid or binding.
- Obligations arising from other sources don't have any form at all.
Obligation, Right, and Wrong/Injury
- Obligation: Act or performance enforced by law.
- Right: Power granted by law to demand prestation from another.
- Wrong/Injury: Omission by one party violating the rights of another, resulting in damage.
- Requires:
- Legal right in favor of one person.
- Correlative legal obligation of the obligor to respect or not violate said rights.
- Act or omission by the obligor violating said rights with resulting damage to the person with the right.
Kinds of Obligations According to Subject Matter
- Real Obligations: Obligation to give; subject is a thing to be delivered.
- Personal Obligations: Obligation to do or not to do.
- Positive Personal: To do.
- Negative Personal: Not to do or not to give.
Article 1157
- Sources of Obligations:
- Law: Imposed by law itself.
- Contracts: Arise from stipulations of the parties.
- Quasi-contracts: Lawful, voluntary, unilateral acts enforceable to prevent unjust enrichment.
- Crimes or acts of omission punishable by law: Arise from criminal liability as a consequence of a criminal offense.
- Quasi-delict or torts: Arise from damage caused to another with fault/negligence, but no contractual relation between the parties.
Sources Classified
- Emanating from law.
- Emanating from private acts (contracts):
- Liable for damages in case of fraud, negligence, delay, or contravention of obligations.
Article 1164
- Right of the creditor to fruits:
- Creditor has the right to fruits from the time the obligation to deliver arises.
- This protects the obligee from delay or breach of obligation.
- Creditor has no real right over the fruits until actual delivery.
- Different kinds of fruits:
- Natural Fruits: Spontaneous products of the soil and young and other products of animals without human intervention.
- Examples: Grass, trees, and plants on land.
- Industrial Fruits: Produced by cultivation or labor.
- Examples: Sugar cane, vegetables, rice.
- Civil Fruits: Derived by virtue of a juridical relation.
- Examples: Rents on buildings, lease prices of lands and properties, perpetual or life annuities, or other similar income.
- Natural Fruits: Spontaneous products of the soil and young and other products of animals without human intervention.
When the Obligation to Deliver Fruits Arises
- Generally arises with the perfection of the contract or the meeting of the minds between the parties.
- If subject to a suspensive condition, arises upon the arrival of the term unless stipulated otherwise.
- In a sale, perfection of contract even if subject to a suspensive condition or period.
- In quasi-contracts, delicts, or quasi-delicts, determined by provisions of law governing them.
Personal Right vs Real Right
- Personal Right: Power of the creditor to demand fulfillment of the debtor's obligation from a definite passive subject.
- There's a definite active and passive subject.
- Enforceable only against a particular person.
- Real Right: Interest of a person over a specific thing, without a definite passive subject against whom it's enforced.
- Only has an active subject without a passive subject.
- Binding against the whole world.
Ownership and Delivery
- Ownership of a real right over property is acquired and transmitted through delivery.
- The creditor doesn't become the owner of the thing until delivery.
- Without delivery, the creditor's action isn't to recover ownership, but specific performance or rescission.
Article 1165
- Remedies of the creditor in a real obligation:
- Specific real obligation (determinate thing): The very thing itself must be delivered. Only the debtor can comply.
- If the debtor fails to comply, the creditor can:
- Demand specific performance with damages.
- Rescind the obligation with damages.
- Fraud (deceit/dolo): Intentional evasion of normal fulfillment of the obligation with malice or dishonesty.
- Doesn't cover mistakes and errors of judgment made in good faith.
- Synonymous with bad faith.
- Waiver of liability for fraud is void.
- Fraud must be clearly proven.
- Liability for fraud cannot be mitigated/reduced.
- Types of Fraud:
- Incidental Fraud: Committed in the performance of an existing obligation due to a contract; remedy is action for damages.
- Causal Fraud: Employed in the execution of a contract vitiating consent; remedy is annulment.
- Negligence (fault/culpa): Voluntary act or omission without bad faith or malice that prevents fulfillment of an obligation.
- Waiver of liability for negligence may be valid.
- Presumed from violation of obligation, so no need for proof.
- Liability can be reduced.
- Delay (mora): Not specifically mentioned, but implied based on context.
- Contravention of the terms of the obligation: Violation of the terms and stipulations of the obligation, which must not be due to a fortuitous event/force majeure.
Article 1171
- Responsibility arising from fraud is demandable.
- Refers to incidental fraud and can be demanded with respect to all kinds of obligations.
- Courts aren't given power to reduce damages awarded because fraud is considered serious.
- Waiver of action for future fraud is void, but waiver for past fraud is valid as an act of generosity.
Article 1172
- Responsibility arising from negligence.
- The debtor is liable for damages resulting from their negligence.
- Courts have discretion in fixing the measure of damages based on the circumstances of the case.
- When both parties are negligent, the fault of one may cancel or neutralize the fault of the other.
Validity of Waiver of Action Arising from Future Negligence:
- Action for future negligence can be renounced except where the obligation requires extraordinary diligence, in which case the waiver is void.
- When negligence shows bad faith, it's equivalent to fraud, and the waiver is void.
Kinds of Negligence According to Source of Obligation
- Contractual negligence (culpa contractual): Negligence within a contract resulting in breach.
- Not a source of obligation, but makes the debtor liable for damages to fulfill the existing obligation.
- Civil negligence (culpa aquiliana): Negligence outside of a contract that causes damage.
- Source of the obligation with regards to the debtor to pay for the damage.
- Criminal negligence (culpa criminal): Negligence that constitutes a criminal offense.
- Source of the obligation with regards to the debtor to pay for the damage and be punished based on penalty set forth in the law.
Article 1174
- Fortuitous events/Force majeure: Events that cannot be foreseen or, if foreseen, are inevitable.
- Debtor isn't liable for non-fulfillment of an obligation, but only if:
- The event is independent of the debtor's will.
- The event makes it impossible for the debtor to fulfill the obligation.
- If the obligation is to deliver a specific thing, the debtor doesn't have to deliver if the thing is lost due to a fortuitous event.
- If the thing is generic, the debtor must deliver another of the same kind and quality.
- Debtor isn't liable for non-fulfillment of an obligation, but only if:
- When fortuitous event/force majeure exempts from liability:
- Obligation is generic.
- The debtor has already incurred in delay.
- The nature of the obligation is such that the obligation is not extinguished by fortuitous event/force majeure.
Article 1175
- Delay (mora): Failure to perform an obligation on time.
- Types of delay:
- Mora solvendi: Delay of the debtor in fulfilling their obligation.
- Mora accipiendi: Delay of the creditor in receiving payment from the debtor.
- Compensatio morae: Delay on both the part of the debtor and the creditor that offsets each other's delay.
- Types of delay:
Article 1176
- Presumption of payment:
- Presumption of payment of an obligation, based on the idea that payment is presumed to have been made when the debtor is in possession of the thing due (only for real obligations).
- Specific Presumptions:
- Possession of the thing due by the debtor.
- Receipt for a part of the principal only: This is only applicable when the principal has been fully receipted for and there's failure for the creditor to reserve payment of interest.
- Payment of taxes: There's no presumption that previous taxes have been paid by the payment of latter ones.
- Non-payment proven: The presumption cannot prevail over a proven fact.
Article 1177
- Remedies available for creditors for the satisfaction of their claims:
- Exact fulfillment with the right to damages.
- Pursue the leviable property of the debtor.
- After pursuing the debtor's properties, bring all actions (like collecting from the debtor's debtors) except those inherent or personal to the debtor (like the right to vote).
- Ask the courts to rescind or impugn acts or contracts that the debtor has made to defraud the creditor. (This remedy can be resorted to only if the creditor couldn't collect their credit in full. The creditor must first exhaust the debtor's property or subrogate themselves to the debtor's transmissible rights).
Article 1178
- Transmissibility of rights:
- All rights acquired through obligation are generally transmissible or assignable.
- Exceptions:
- Prohibited by law: Partnership, agency, commodatum.
- Prohibited by stipulation of the parties (like the creditor cannot assign their credit to another or that upon the death of the creditor, the obligation is extinguished). It must be clearly proven or at least implied from the terms of the contract.
Different Kinds of Obligations
- Section 1: Pure and Conditional Obligations
Article 1179
- Pure Obligation:
- Not subject to any condition.
- No specific date is mentioned for fulfillment.
- Immediately demandable.
- Examples: "Upon the demand of --".
- Conditional Obligation:
- Consequences are subject to the fulfillment of a condition.
- Condition:
- Future and uncertain event upon which the effectivity and extinguishment of the obligation depend.
- May be past but unknown.
- Cannot be impossible.
- Two principal kinds of conditions:
- Suspensive Condition (condition precedent/antecedent): Fulfillment gives rise to an obligation; until this happens, the obligation is a mere hope.
- Resolutory Condition (condition subsequent): Fulfillment extinguishes the obligation; the obligation already exists but can be extinguished by the fulfilling of this condition.
Article 1180
- Suspensive condition:
- The acquisition of the right is subject to the happening of the uncertain event.
- Until the event happens, the obligation remains in a state of expectancy.
- Effects of suspensive condition:
- The obligation is not yet demandable.
- The creditor cannot yet demand fulfillment.
- The debtor cannot yet perform the obligation.
- The effects of a suspensive condition are retroactive, meaning they take effect from the moment the obligation was constituted.
Article 1181
- If the condition is fulfilled:
- The obligation becomes demandable.
- The creditor has the right to enforce fulfillment.
- If the condition does not happen:
- The obligation does not arise.
- If the condition consists of a specific event:
- It is fulfilled when the event happens even if it occurs through the will or acts of the debtor or the creditor.
- The obligation is extinguished if the event does not occur through the fault of the debtor.
- If the condition consists of a specific act:
- It is fulfilled when the act is performed.
- The obligation is extinguished if the act is not performed through the fault of the debtor.
Article 1182
- When suspensive condition depends on the will of the debtor:
- Obligation does not arise unless the debtor performs the act.
- The creditor has the right to demand the performance of the condition.
- The debtor can be compelled to perform the act.
- The condition is considered fulfilled if the debtor refuses to fulfill the condition or if the fulfillment of the condition becomes impossible by the fault of the debtor.
- When suspensive condition depends on the will of a third person:
- If the third person does not perform the act, the obligation does not arise.
- The creditor cannot enforce the condition on the third person.
- The obligation is extinguished if the fulfillment of the condition becomes impossible through the fault of the third person.
Article 1183
- Obligation subject to resolutory condition:
- The obligation arises upon perfection of the contract.
- It is extinguished upon the happening of the uncertain event.
- If the condition is fulfilled, the parties are released from the obligation.
Article 1184
- Effects of impossible conditions:
- If the condition is impossible at the time the obligation is constituted, the obligation is considered void from the beginning.
- If the condition is subsequently impossible, the obligation is extinguished.
Article 1185
- If the condition is unlawful:
- The obligation is considered void.
- This applies to both suspensive and resolutory conditions.
Article 1186
- If the condition is potestative and depends solely on the will of the debtor:
- Suspensive condition: It is void because it's considered a mere hope.
- Resolutory condition: It is valid.
- If the condition depends on chance or on the will of a third person:
- It is valid even if it depends solely on the will of a third person.
- If the condition is fulfilled:
- The obligation arises or is extinguished depending on whether the condition is suspensive or resolutory.
Article 1187
- If the condition is fulfilled:
- The obligation arises retroactively, meaning the effects are considered to have happened from the time the obligation was created.
- The legal effects of the fulfillment of the condition:
- If the obligation is to do something, the act should be performed as if the condition had been entirely fulfilled.
- If the obligation is to give something, the thing should be deemed to have been delivered from when the obligation began.
- However, if the law or the contractual agreement provides differently:
- The retroactivity of the effects of the condition can be limited or excluded.
- The creditor must provide proof of the fulfillment of the condition.
Article 1188
- If the debtor did not prevent the condition, even if the condition does not happen:
- The obligation remains in force and the debtor must perform the obligation.
- The debtor is considered to have prevented the condition if:
- The debtor has acted with bad faith.
- The debtor has intentionally failed to act.
- The debtor has fraudulently prevented the condition.
- The creditor can demand the performance of the obligation.
Article 1189
- The obligation is extinguished if the condition is fulfilled.
- If the debtor delays in fulfilling the obligation:
- The creditor can demand that the debtor fulfill the obligation, even though the condition has been fulfilled, providing the debtor has not been prevented from fulfilling the condition.
Article 1190
- If the suspensive condition is fulfilled in part:
- The creditor cannot demand full fulfillment of the obligation.
- The creditor can demand only that part of the obligation that corresponds to the part of the condition which has been fulfilled.
- However, if the obligation is indivisible:
- The creditor can demand the full fulfillment of the obligation if the part of the condition that has been fulfilled corresponds to the main purpose of the obligation.
- If the resolutory condition is fulfilled in part:
- The obligation is extinguished in part.
- If the obligation is indivisible:
- The whole obligation is extinguished.
- If the nature of the obligation allows for partial fulfillment:
- The part of the obligation corresponding to the part of the condition that has been fulfilled is extinguished.
Article 1191
- If the condition is resolutory:
- Its fulfillment extinguishes the obligation.
- If the condition is fulfilled:
- The effects of the condition are retroactive, meaning they are considered to have happened from the time the obligation was created, unless the law or the agreement provides otherwise.
- The creditor must return what they received by virtue of the obligation, but only if the following are met:
- The thing received is still in their possession or control.
- The thing received is still capable of being returned.
Article 1192
- If the condition is suspensive, the obligation becomes demandable when the condition is fulfilled, even if it is fulfilled through the fault of the debtor.
- If the condition is resolutory, the obligation is extinguished when the condition is fulfilled, even if it is fulfilled through the fault of the debtor.
- However, if the obligation is extinguished because of the fault of the debtor:
- The debtor can be held liable for damages.
- The debtor can be made to pay for any losses caused by the extinction of the obligation because of their fault.
Article 1193
- If the condition is suspensive and it depends on a certain event happening within a specific period of time:
- The obligation becomes demandable when the period expires, even if the condition does not happen.
- If the condition is resolutory and it depends on a certain event happening within a specific period of time:
- The obligation is extinguished when the period expires, even if the condition does not happen.
- If the period for the fulfillment of the condition is not stipulated:
- The condition is considered to be indefinite, meaning the condition doesn't have a specific time frame for fulfillment.
Article 1194
- If the condition is indefinite, the courts can fix the period if the nature of the obligation permits it.
- The courts take into account the following factors:
- The circumstances surrounding the obligation.
- The intentions of the parties.
- The general principles of justice and fairness.
Article 1195
- If the condition is a suspensive condition:
- The debtor can perform the obligation before the condition is fulfilled, unless the creditor provides explicit objection.
- The creditor can only prevent the performance of the obligation if the fulfillment of the condition depends on the will of the debtor or of a third person.
- If the condition is a resolutory condition:
- The debtor cannot perform the obligation after the condition has been fulfilled.
- The creditor has the right to prevent the performance of the obligation.
Article 1196
- The debtor cannot perform the obligation if the condition is a resolutory condition.
- The debtor must return what they have received by virtue of the obligation.
- If the obligation is to do something, the debtor must refrain from doing it.
Article 1197
- If the condition is a suspensive condition, the creditor cannot demand fulfillment of the obligation until the condition has been fulfilled.
- If the condition is a resolutory condition, the creditor has the right to demand fulfillment of the obligation while the condition is not fulfilled.
Article 1198
- The effects of the fulfillment of the condition are generally retroactive.This means they are considered to have happened from the time the obligation was created, unless the law or the agreement of the parties provide otherwise.
- However, if the law or the agreement of the parties provide that the effects of the fulfillment of the condition are not to be retroactive:
- Then the obligation becomes demandable only from the time the condition is fulfilled.
- The obligation does not become demandable before the condition is fulfilled.
Article 1199
- If the condition is suspensive, the debtor cannot perform the obligation before the condition has been fulfilled.
- If the condition is resolutory, the debtor must perform the obligation until the condition has been fulfilled, even if the debtor has already performed the obligation when the condition was still not fulfilled.
Article 1200
- If the condition is suspensive, the debtor can perform the obligation before the condition has been fulfilled, unless the creditor expressly objects.
- If the condition is resolutory, the debtor cannot perform the obligation after the condition has been fulfilled, even though the creditor has already received the thing or the price.
Article 1201
- The debtor cannot perform the obligation before the condition has been fulfilled if the fulfillment of the condition depends on the will of the debtor.
- The debtor can perform the obligation before the condition has been fulfilled if the fulfillment of the condition depends on the will of a third person, but the creditor must expressly agree to it.
Article 1202
- The debtor cannot perform the obligation before the condition has been fulfilled if the creditor expressly objects.
- The debtor cannot perform the obligation after the condition has been fulfilled if the creditor already received the thing or the price.
Article 1203
- The debtor cannot perform the obligation before the condition has been fulfilled if the fulfillment of the condition depends on the will of the debtor or a third person, but the creditor objects to it.
- The debtor can perform the obligation before the condition has been fulfilled if the creditor does not object to it.
Article 1204
- The effects of the fulfillment of a condition are generally retroactive, meaning they are considered to have happened from the time the obligation was created.
- However, the effects of the fulfillment of a condition are not retroactive if the law or the agreement of the parties provide otherwise.
Article 1205
- If the condition is uncertain:
- The debtor can perform the obligation before the condition has been fulfilled, unless the creditor objects to it.
- However, if the condition is certain:
- The debtor can perform the obligation only after the condition has been fulfilled.
Article 1206
- If the condition is suspensive and the debtor performs the obligation before the condition has been fulfilled:
- The creditor can demand the performance of the obligation again after the condition has been fulfilled.
- However, if the debtor performs the obligation after the condition has been fulfilled:
- The creditor can only demand the performance of the obligation once.
Article 1207
- If the condition is resolutory and the debtor performs the obligation before the condition has been fulfilled:
- The creditor can demand the performance of the obligation again after the condition has been fulfilled.
- However, if the debtor performs the obligation after the condition has been fulfilled:
- The creditor can only demand the performance of the obligation once.
Article 1208
- If the condition is impossible, the obligation is extinguished, even though the debtor has already performed the obligation.
- If the condition is unlawful, the obligation is void from the beginning, but the debtor must still return what they have received by virtue of the obligation.
Article 1209
- If the condition is uncertain, the obligation is extinguished, even though the debtor has already performed the obligation.
- However, if the condition is uncertain but the debtor has performed the obligation:
- The debtor can demand the return of what they have given.
Article 1210
- If the condition depends on the will of the debtor:
- The obligation is considered to be void from the beginning.
- If the condition depends on the will of a third person:
- The obligation is valid.
Article 1211
- If the condition is potestative:
- It is valid
- It can be fulfilled by the debtor even if it depends on the will of the debtor.
- It can be fulfilled by a third person if the debtor agrees to it.
- It can be fulfilled by the debtor even if the debtor is not aware of the condition.
- It can be fulfilled by the debtor even if the debtor is unable to fulfill the condition.
Article 1212
- If the condition is casual:
- It is valid.
- It can be fulfilled even if it doesn't depend on the will of the debtor.
- It can be fulfilled even if the debtor is not aware of the condition.
- It can be fulfilled even if the debtor is unable to fulfill the condition.
- The debtor can be held liable for damages if the condition is not fulfilled due to the debtor's fault.
Article 1213
- The effects of the fulfillment of a condition are generally retroactive, meaning they are considered to have happened from the time the obligation was created.
- However, the effects of the fulfillment of a condition are not retroactive if the law or the agreement of the parties provides otherwise.
Article 1214
- If the condition is suspensive, the debtor can perform the obligation before the condition has been fulfilled, unless the creditor expressly objects.
- If the condition is resolutory, the debtor cannot perform the obligation after the condition has been fulfilled, even though the creditor already received the thing or the price.
Article 1215
- The debtor can perform the obligation before the condition has been fulfilled if the fulfillment of the condition depends on the will of a third person, but the creditor must expressly agree to it.
- The debtor cannot perform the obligation before the condition has been fulfilled if the fulfillment of the condition depends on the will of the debtor, but the creditor objects to it.
Article 1216
- The effects of the fulfillment of a condition are generally retroactive, meaning they are considered to have happened from the time the obligation was created.
- However, the effects of the fulfillment of a condition are not retroactive if the law or the agreement of the parties provides otherwise.
- The debtor can be held liable for damages if the condition is not fulfilled due to the debtor's fault.
Article 1217
- If the condition is suspensive, the obligation becomes demandable when the condition is fulfilled, even if it is fulfilled through the fault of the debtor.
- If the condition is resolutory, the obligation is extinguished when the condition is fulfilled, even if it is fulfilled through the fault of the debtor.
Article 1218
- If the condition is suspensive and it depends on a certain event happening within a specific period of time:
- The obligation becomes demandable when the period expires, even if the condition does not happen.
- If the condition is resolutory and it depends on a certain event happening within a specific period of time:
- The obligation is extinguished when the period expires, even if the condition does not happen.
- If the period for the fulfillment of the condition is not stipulated:
- The condition is considered to be indefinite, meaning the condition doesn't have a specific time frame for fulfillment.
Article 1219
- If the condition is indefinite, the courts can fix the period if the nature of the obligation permits it.
- The courts take into account the following factors:
- The circumstances surrounding the obligation.
- The intentions of the parties.
- The general principles of justice and fairness.
Article 1220
- If the condition is suspensive, the debtor can perform the obligation before the condition is fulfilled, unless the creditor provides explicit objection.
- If the condition is resolutory, the creditor can only prevent the performance of the obligation if the fulfillment of the condition depends on the will of the debtor or of a third person.
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