Chapter 3 - Different Kinds of Obligations

Section 1. - Pure and Conditional Obligations

The answers must all be based on the Civil Code of the Philippines and on The Law on Obligations and Contracts by Hector S. De Leon and Hector M. De Leon, Jr.

I. Definitions

Define or give the meaning of the following:

1. condition

2. civil loss

3. reciprocal obligations

4. pure obligation

5. potestative condition

II. Discussions

1. Illustrate an obligation subject to:

(a) suspensive condition

(b) resolutory condition

What is the effect of the fulfillment of the condition in a conditional obligation?

2. Give two (2) cases when the conditional obligation is valid although the condition depends entirely upon the will of the debtor. Explain.

3. May an obligor be liable under an obligation subject to a suspensive condition although the condition has not yet been fulfilled? Explain.

4. In an obligation to give a parcel of land subject to a suspensive condition, who is entitled to the fruits that accrued during the pendency of the condition once said condition is fulfilled?

5. State the rules in case the thing to be delivered:

(a) is lost with the debtor's fault; without his fault;

(b) deteriorates with the debtor's fault; without his fault.

III. Problems

Explain or state briefly the rule or reason for your answer.

1. D (debtor) borrowed P20,000 from C (creditor) payable on or before August 30. Before the arrival of the due date, C agreed to the promise of B to pay C if B wants. Can C insist that B pay not later than August 30?

2. Suppose in the same problem, D obliges himself to pay C P10,000 after C has paid his obligation to T. Is the obligation valid?

3. S (seller) agreed to sell to B (buyer) a specific car for P200,000, delivery of the car and the payment of the price to be made on June 15. Suppose S delivered the car on June 15 but B failed to pay the price, what are the remedies of S?

4.S sold a parcel of land to B for P240,000 payable in installments of P20,000 a year. The land was delivered to B who obtained ownership thereof. After B had paid P200,000, he could no longer continuing paying in view of financial reverses but he was willing to pay the balance of P40,000 if given more time. Thereupon, S sued for rescission under Article 1191. If you were the judge, would you grant rescission?

5. D (debtor) binds himself to pay C (creditor) a sum of money. Give the three cases when the obligation of D is demandable at once by C?