Types of Conditions in Contracts

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Questions and Answers

What is the definition of a suspensive condition?

A condition that creates a new obligation upon its fulfillment.

A condition that extinguishes an existing obligation.

A condition that has no effect on the obligation.

A condition whose fulfillment is uncertain and suspends the obligation. (correct)

Which of the following obligations involves a condition that can give rise to a right?

Bilateral obligation

Divisible obligation

Suspensive condition (correct)

Resolutory condition

What distinguishes a resolutory condition from a suspensive condition?

A resolutory condition is dependent on events within a certain timeframe.

A resolutory condition is always uncertain, while a suspensive condition is certain.

A resolutory condition extinguishes an obligation, while a suspensive condition creates one. (correct)

A resolutory condition cannot be delayed.

Which classification of obligations includes both unilateral and bilateral obligations?

Secondary classification Signup and view all the answers

Which types of obligations fall under the category of pure and conditional obligations?

Obligations that are dependent on uncertain events Signup and view all the answers

What condition must be met for an obligation to be valid when the suspensive condition depends partly on chance?

The event must be physically possible. Signup and view all the answers

Which term refers to a condition that will not happen at a determinate time?

Negative condition Signup and view all the answers

What is an example of a legally impossible condition?

An obligation that contravenes public order. Signup and view all the answers

In which situation is a conditional obligation void?

When the condition is physically impossible. Signup and view all the answers

What happens to the obligation determined by a suspensive condition once the time indicated has elapsed without the event occurring?

The obligation becomes effective and binding. Signup and view all the answers

What are the requisites for the application of Article 1186?

The condition must be suspensive. Signup and view all the answers

Which of the following describes the retroactive effects of fulfilling a suspensive condition in an obligation to give?

The retroactive effect applies immediately. Signup and view all the answers

Which situation is classified as an impossible condition?

A condition that violates legal, moral, or public policy standards. Signup and view all the answers

What characterizes an obligation with a suspensive period?

The obligation begins only after a specific event occurs. Signup and view all the answers

Which type of period is established by law?

Legal period Signup and view all the answers

How are periods distinguished based on fulfillment?

Periods are always certain while conditions are uncertain. Signup and view all the answers

What happens at the end of a resolutory period?

The obligation becomes void without further action. Signup and view all the answers

What is a definitive period?

A period that is fixed or known when it will occur. Signup and view all the answers

Which of the following describes a conventional or voluntary period?

It arises from mutual agreement between the parties. Signup and view all the answers

What distinguishes a judicial period from other types of periods?

It is fixed or defined by a court decision. Signup and view all the answers

Which type of term generally relates to future events in a contractual obligation?

Suspensive period Signup and view all the answers

What defines a unilateral obligation in relation to loss of a thing?

The obligation does not depend on the actions of the debtor. Signup and view all the answers

Which scenario allows a creditor to act for the preservation of their right?

During the pendency of a suspensive condition. Signup and view all the answers

Under what condition can a debtor recover payments made by mistake?

In case of loss of a thing due to a suspensive condition. Signup and view all the answers

Which of the following is NOT a requisite for applying Article 1189?

The object must be a general thing. Signup and view all the answers

What is usufruct in civil law?

The right to enjoy and utilize someone else's property. Signup and view all the answers

What happens to the obligations to give upon fulfillment of a resolutory condition?

They become null and void. Signup and view all the answers

In which case is the debtor at fault during the loss of a thing?

When the loss is a result of the debtor's negligence. Signup and view all the answers

Which circumstance allows for deterioration of a thing without the debtor's fault?

Natural wear and tear due to age. Signup and view all the answers

What happens when the period of obligation is left to the debtor's will?

The court can determine the duration. Signup and view all the answers

Which of the following is NOT an exception to the general rule about the demandability of obligations before the lapse of a period?

The debtor voluntarily waives the obligation. Signup and view all the answers

Under what circumstances can an obligation be demandable before the lapse of the period?

When the debtor becomes insolvent. Signup and view all the answers

What is the effect of a condition's happening on an obligation?

It has a retroactive effect. Signup and view all the answers

What should be observed in case of loss or deterioration of the object before a certain date?

The rules in Article 1189 apply. Signup and view all the answers

How is a year computed in terms of days for the purpose of obligation?

365 days. Signup and view all the answers

What does Article 1194 imply regarding the invalidation of an obligation?

The sole will of the debtor can invalidate it. Signup and view all the answers

Which of the following statements about the retroactivity of effects is true?

There is no retroactive impact unless agreed otherwise. Signup and view all the answers

Study Notes

### 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.

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Description

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.