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Article 1174 - Except in cases expressly Usury - contracting for or receiving interest
specified by the law, or when it is in excess of the amount allowed by the law
otherwise declared by stipulation or for the loan
when the nature of the obligation Article 1176 - Receipt of the principal by
requires the assumption of risk, no the creditor, without reservation with
person shall be responsible for those respect to interest, shall give rise to the
events which could not be foreseen and presumption that said interest has been
if foreseen were inevitable. paid.
Fortuitous event - events that cannot be Presumption - inference of a fact not actually
foreseen or which foreseen is inevitable. known arising from its usual connection with
Fortuitous event distinguished from force another which is known or proved.
majeure: Payment - apply to the interest first before
principal. If it will apply to the principal, then
Acts of man - event independent of
there is a presumption that the interest is
the will of the obligor but not of other
has already been paid.
human willa
Acts of god - called majeure. Totally Two kind of presumption:
independent will of every human
being Conclusive presumption - cannot be
contradicted
Kinds of fortuitous event: Disputable (or rebuttable)
presumption - can be contradicted or
Ordinary fortuitous event - events that
rebutted by presenting proof
are common and could reasonably
foresee by the contracting parties
Extra-ordinary fortuitous event -
events that are uncommon and could CHAPTER 3 - Section 1
not have reasonably foreseen Article 1179 - Every obligation whose
Requisites of a fortuitous event: performance does not depend upon
future or uncertain event, or upon a
Event must be independent of the past event unknown to the parties is
human will or atleast the debtors will demandable at once. Every obligation
Event could not be foreseen and if which contain a resolutory condition
foreseen is inevitable shall also be demandable, without
Event must be of such character as to prejudice.
render it impossible for the debtor to
Pure obligation - not subject to any condition
comply
and no specific date is mentioned for its
fulfillment and is therefore, immediately Express - condition is clearly
demandable stated
Implied - condition is merely
Conditional obligation - consequences are
inferred
subject in one way or another to the
As to possibility
fulfillment of a condition.
Possible - condition is capable of
Condition - future or uncertain event, upon fulfillment, legally and
the happening of which, the effectivity or physically
extinguishment of an obligation subject to it Impossible - condition is not
depends. capable of fulfillment, legally or
physically
Characteristics of condition: As to cause or origin
Future and uncertain Potestative - condition depends
Past and unkown upon the will of one of the
contracting parties.
Two principal kinds of condition Casual - condition depends
upon chance or upon the will of
Suspensive condition (condition the third parties.
precedent or condition antecedent) - Mixed - condition depends
one the fulfillment of which will give partly upon chance and partly
rise to an obligation. Condition must upon the will of a third person
be fulfilled first before the obligation As to mode
will exist. Positive - condition consists in
Resolutory obligation (condition the performance of an act
subsequent) - one the fulfillment of Negative - condition consist in
which will extuinguish an obligation the omission of an act
already existing. As to numbers
Article 1180 - When the debtor binds Conjunctive - there are several
himself to pay when his means permit conditions and all must be
to pay when his means permit him to do fulfilled
so, the obligation shall be deemed to be Disjunctive - several conditions
one with a period. and only one or some must be
fulfilled
Period - future and certain event upon the As to divisibility
arrival of the obligation Divisible - condition is
Article 1182 - When the fulfillment of susceptible of partial
the condition depends upon the sole performance
will of the debtor, the conditional Indivisible - condition is not
obligation shall be void. If it depends susceptible of partial
upon the will of a third person, the performance
obligation shall take effect in Article 1183 - Impossible conditions,
conformity with the provisions of this those contrary to good customs or
code public policy and those prohibited by
Classification of conditions: law shall annul the obligation which
depends upon them.
As to effect
Suspensive - happening which Two kinds of impossible conditions
gives the rise to the obligation Physically impossible conditions -
Resolutory - happening of which when they are in nature of things,
extinguishes the obligation cannot exist or cannot be done
As to form
Legally impossible conditions - when Article 1187 - The effects of a
they are contrary to law, morals, good conditional obligation to give, once the
customs, public order, or public policy condition has been fulfilled, shall
retroact to the day of the constitution
Effect of impossible conditions of the obligation.
Conditional obligation void - Example is when A is obliged to
impossible conditions, annul the deliver the horse to B after He marries
obligation which depends upon them C. 2 days after, A married C but the
Conditional obligation valid - condition day before that, the horse gave birth.
is negative, that is, not to do an Therefore, The horse as well as its
impossible thing, it is disregarded and fruits will belong to C.
the obligation is rendered pure and
valid Article 1189 - When the conditions have
Only the affected obligation void - if been imposed with the intention of
obligation is divisible, the part thereof suspending the efficacy of an obligation
not affected by the impossible to give, the following rules shall be
condition shall be valid observed in case of improvement, loss
Only the condition void - if obligation or deterioration:
is a pre-existing obligation, and Thing is lost without the fault of the
therefore, does not depend upon the
debtor, the obligation shall be
fulfillment of the condition which is
extinguished.
impossible, for its existence, only the
Thing is lost through fault of debtor,
condition is void.
he shall be obliged to pay damages
Article 1184 - the condition that some Thing deteriorated without the fault of
even happen at a determinate time the debtor, impairment is to be borne
shall extinguish the obligation as soon or suffered by creditor
as the time expires or if it has become Thing deteriorated with the fault of the
indubitable that the event will not take debtor, creditor may choose between
place. the rescission of the obligation and its
fulfillment with indemnity for damages
Article 1185 - The condition that some
Thing is improved by its nature, or by
event will not happen at a determinate
time, the improvement shall inure to
time shall render obligation effective
the benefit of the creditor.
from the moment the time indicated has
Thing is improved at the expense of
elapsed, or if it has become evident
the debtor, he shall have no other
that the event cannot occur. If no time
right than that granted to the
has been fixed, the condition shall be
usufructuary
deemed fulfilled at such time as may
have probably been contemplated,
bearing in mind the nature of the
obligation CHAPTER 3 - Section 2
Article 1186 - the condition shall be Article 1193 - Obligations for whose
deemed fulfilled when the obligor fulfillment a day certain has been fixed,
voluntarily prevents its fulfillment. shall be demandable only when that day
comes. Obligations with a resolutory
Constructive fulfillment of suspensive period take effect at once but terminate
condition: upon arrival of the day certain.
Condition is suspensive Obligation with a period - one whose effects
Obligor actually prevents the or consequences are subjected in one way or
fulfillment of the condition another to the expiration or arrival of said
He acts voluntarily period or term.
Period - future and certain event upon the period, the obligor being unaware of
arrival of which the obligation subject to it the period or believing that the
either arises or is terminated. obligation has become due and
demandable, may be recovered with the
Period and condition distinguished
fruits and interests.
As to fulfillment - period is a certain Article 1198 - The debtor shall lose
event which will happen sooner or every right to make use of period when:
later, while condition is an uncertain
event After the obligation has been
As to time - period refers only to contracted he becomes insolvent,
future, while condition may also refer unless he gives guaranty or
to a past event unknown to parties security for debt
As to influence on the obligation - He does not furnish to the
period merely fixes the time for the creditor the guaranties or
efficaciousness of the obligation while securities which he has promised
condition causes an obligation either By his own acts he has impaired
to arise or cease. said guaranties or securities after
As to effect, when left to debtors will - their establishment
period that depends on the will of the the debtor violates any
debtor will empower the court to fix undertaking
the duration while condition that debtor attempts to abscond
depends upon the sole will of debtor
will invalidates the obligation
As to retroactivity of effects - arrival of CHAPTER 3 - Section 3
the period doesnt have retroactive
effects while condition has retroactive Article 1199 - Person alternatively
effects bound by different prestations shall
completely perform one of them.
Kinds of period or term: Creditor cannot be compelled to receive
part of one and part of the other
According to effect
undertaking
Suspensive period - obligation
begins only from a day certain Kinds of obligation according to subject:
upon the arrival of period
Resolutory period - obligation is Simple obligation - only one prestation
valid up to a day certain and Compound obligation - two or more
terminates upon the arrival of prestations
the period. Conjunctive obligation - several
According to source prestations and all of them are
Legal period - provided for by due
laws Distributive obligation - two or
Conventional or voluntary more of the prestations is due.
period - agreed to by the parties Alternative obligation -
Judicial period - fixed by the several prestations are
court due but the performance
According to definiteness of one is sufficient
Definite period - fixed or it is Facultative obligation -
known when it will come one prestation is due but
Indefinite period - not fixed, not debtor may substitute
known when it will come another