Types of Conditions in Contracts

### Types of Conditions

• Suspensive condition: The obligation only comes into existence upon the fulfillment of the condition.
• Resolutory condition: The obligation is extinguished upon the fulfillment of the condition.

Impossible conditions

• Physically impossible conditions: The condition is impossible in nature.
• Legally impossible conditions: The condition violates the law, morals, good customs, public order, or public policy.

Effects of impossible conditions

• The obligation is void if the condition is impossible.
• The obligation is valid if the condition is not impossible.
• Only the affected obligation is void if the condition is impossible only for part of the obligation.

### Mixed condition

• A condition that is partly dependent on chance and partly on the will of a third person.
• The obligation is valid if the condition is partly dependent on chance and partly on the will of a third person.

### Negative condition

• An event that will not happen at a determinate time.
• The obligation becomes effective when the time indicated has elapsed without the event taking place.

### Preventing Fulfillment of a Suspensive Condition

• If the obligor prevents the fulfillment of a suspensive condition, the obligation becomes effective.
• The obligor must have acted voluntarily.

Retroactive effects of the fulfillment of a suspensive condition

• Obligations to give: The obligation becomes effective from the moment the condition is fulfilled.
• Obligations to do or not to do: The obligation becomes effective from the moment the condition is fulfilled.

Loss, Deterioration, or Improvement of the Thing During the Pendency of a Suspensive Condition

• Loss without the debtor’s fault: The creditor bears the loss.
• Loss through the debtor’s fault: The debtor is liable for damages.
• Deterioration without the debtor’s fault: The creditor bears the deterioration.
• Deterioration through the debtor’s fault: The creditor may choose to rescind the contract or to demand fulfillment of the obligation with damages.
• Improvement by nature or by time: The improvement benefits the creditor.
• Improvement at the expense of the debtor: The debtor has the right to be reimbursed for the expenses incurred in improving the thing.

### Obligations with a Period

• Suspensive period: The obligation begins only from a day certain upon the arrival of the period.
• Resolutory period: The obligation is valid up to a day certain and terminates upon the arrival of the period.

### Kinds of Period

• Legal period: The period is provided for by law.
• Conventional period: The period is agreed to by the parties.
• Judicial period: The period is fixed by the court.

### Definite and Indefinite Period

• Definite period: The period is fixed, or it is known when it will come.
• Indefinite period: The period is not fixed, or it is not known when it will come.

### Loss, Deterioration, or Improvement of the Thing Before the Arrival of the Period

• The rules in Article 1189 apply to loss, deterioration, or improvement of the thing before the arrival of the period.

### Debtor Presumed Aware of the Period

• The debtor is presumed to be aware of the period.
• No recovery is possible in personal obligations.

### Exceptions to the Rule of Non-Demandability Before Lapse of the Period

• The obligation can be demanded before the lapse of the period if:
  • The debtor becomes insolvent.
  • The debtor does not furnish guaranties or securities promised.

Explore the different types of conditions that affect obligations in contracts. This quiz covers suspensive and resolutory conditions, impossible conditions, mixed conditions, and negative conditions. Understand how these concepts shape the validity of obligations.