Chapter 3: Different Kinds of Obligations Section 1. Pure and Conditional Obligations Art.

. 1179 Pure Obligation- is one which is not subject to any condition and no specific date is mentioned for its fulfilment and is, therefore, immediately demandable. Conditional Obligation- is one whose consequences are subject in one way or another to fulfilment of a condition. Condition- is a future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or right) subject to it depends. Characteristic of a Condition: Future and uncertain- in order to constitute an event as condition, it is not enough that it be future; it must also be uncertain. Past but unknown- a condition may refer to a past event unknown to the parties. (infra). If it refers to a future event, both its very occurrence and time of such occurrence must be uncertain; otherwise, it is not a condition. (A condition must not be impossible).

Distinctions between suspensive and resolutory conditions: If suspensive condition is fulfilled, the obligation arises, while if it is resolutory condition that is fulfilled, the obligation is extinguished. If the first does not take place, the tie of the law (juridical or legal tie) does not appear, while if it is other, the tie of the law is consolidated. Until the first takes place, the existence of the obligation is mere hope, while in the second, its effects flow, but over it hovers the possibility of termination.

When obligation is demandable at once? When it is pure When it is subject to a resolutory condition When it is subject to a resolutory period

ART. 1180 Where duration of period depends upon the will of debtor. Period- is a future and certain event upon the arrival of which the obligation subject to either arises or is extinguished. The debtor promises to pay when his means permit him to do so. Other cases a. Little by little b. As soon as possible c. From time to time d. At any time I have the money e. In partial payments f. When I am in a position to pay

Two principal kind of condition: Suspensive Condition- the fulfilment of which will give rise to an obligation (or right). Resolutory condition- the fulfilment of which will extinguish an obligation (or right) already existing.

ART. 1181 Effects of happening of condition Acquisition of rights- in obligation subject to a suspensive condition, the acquisition of rights by creditor depends upon the happening of event which constitutes the condition. Loss of rights already acquired- in obligations subject to a resolutory condition, the happening of the event which constitutes the condition produces the extinguishment or loss of rights already acquired.

ART. 1182 Classification of Conditions