or uncertain event, or upon a past event unknown to the parties, is demandable at once. (PURE OBLIGATION; also dont have specific date) Every obligation which contain a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. Conditional Obligation- one whose consequences are subject in one way or another to fulfillment of a condition Kinds of Conditional Obligation: Suspensive Condition (antecedent) - the fulfillment of this condition will give rise to an obligation; if this condition does not exist there is no legal tie; until this condition exists, the obligation is a mere hope. Resolutory Condition (subsequent)- the fulfillment of this condition will extinguish an obligation that already exists; if this condition exists, the tie of the law is consolidated; until this condition exists, there is an obligation. Characteristics of a Condition: Future and uncertain Past but unknown- the knowledge to be acquired in the future of a past event which at the moment is unknown to the parties interested. When is an obligation demandable at one: When it is pure When it is subject to a resolutory condition When it is subject to a resolutory period Article 1180-When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of article 1197. Period- is a future and uncertain event upon the arrival of which the obligation subject to it either arises or is extinguished. Article 1181- In conditional obligations, the acquisition of rights (suspensive condition) , as well as the extinguishment or loss of those already
acquired (resolutory condition), shall
depend upon the happening of the event which constitutes the condition. Article 1182-When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void.If it depends upon a chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this code. Classifications of Conditions: (1)As to effect: Suspensive Resolutory (2)As to form: Express-clearly stated Implied-merely inferred (3)As to possibility: Possible-capable of fulfillment Impossible-not capable of fulfillment (4)As to cause or origin: Potestative- the condition depends upon the will of one of the contracting parties Causal-the condition depends upon chance or upon the will of a third person Mixed-the condition depends partly upon chance and partly upon the will of a third person (5)As to mode: Positive- consists in the performance of an act Negative- consists in the omission of an act (6)As to Numbers: Conjunctive- there are several conditions and all must be fulfilled Disjunctive-there are several conditions and only one or some of them must be fulfilled (7)As to Divisibility: Divisible- susceptible of partial performance Indivisible-not susceptible of partial performance Potestative Condition- is Suspensive in nature