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  • Trillana v. Quezon College, Inc.

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    Irene Ramilo
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    The Supreme Court ruled that a condition for payment stated in a letter subscribing to shares of capital stock that payment would be made "after harvesting fish" was void under Article 1182 as it depended solely on the will of the debtor. Specifically, the three sentence summary is: The case involved a claim by Quezon College, Inc. to collect the value of shares subscribed to by the deceased Damasa Crisostomo, who in her subscription letter stated payment would be made "after harvesting fish". The Supreme Court held this was a potestative condition depending solely on the debtor's will, and thus void according to Article 1182, as the fulfillment of the condition relied completely on the subscriber's decision on when

    Исходное описание:

    Trillana vs. Quezon College, Inc. 93 Phil. 383

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    The Supreme Court ruled that a condition for payment stated in a letter subscribing to shares of capital stock that payment would be made "after harvesting fish" was void under Article 1182 as it depended solely on the will of the debtor. Specifically, the three sentence summary is: The case involved a claim by Quezon College, Inc. to collect the value of shares subscribed to by the deceased Damasa Crisostomo, who in her subscription letter stated payment would be made "after harvesting fish". The Supreme Court held this was a potestative condition depending solely on the debtor's will, and thus void according to Article 1182, as the fulfillment of the condition relied completely on the subscriber's decision on when

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    Attribution Non-Commercial (BY-NC)
    Скачайте в формате ODT, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    1K просмотров1 страница

    Trillana v. Quezon College, Inc.

    Загружено:

    Irene Ramilo
    The Supreme Court ruled that a condition for payment stated in a letter subscribing to shares of capital stock that payment would be made "after harvesting fish" was void under Article 1182 as it depended solely on the will of the debtor. Specifically, the three sentence summary is: The case involved a claim by Quezon College, Inc. to collect the value of shares subscribed to by the deceased Damasa Crisostomo, who in her subscription letter stated payment would be made "after harvesting fish". The Supreme Court held this was a potestative condition depending solely on the debtor's will, and thus void according to Article 1182, as the fulfillment of the condition relied completely on the subscriber's decision on when

    Авторское право:

    Attribution Non-Commercial (BY-NC)
    Скачайте в формате ODT, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 1

    Trillana vs. Quezon college, Inc 93 Phil. 383 Art.

    1182, Potestative Condition Issue/Scope Example of Potestative/Facultative which depend solely in the will of debtor Facts

    Deceased Damasa Crisostomo sent a letter to defendant regarding to her subscription to shares of capital stock in QC, Inc. When Damasa died, QC, Inc. presented a claim in her testate proceeding for collection of sum, representing the value of subscription to capital stock Damasa, in her letter: 1. did not enclose initial payment, 2. stated babayaran kong lahat pagkatapos manghuli ng isda In view of proposal of Damasa to pay value of subscription after he has harvested fish is a condition obviously dependent upon her sole will and therefore void Art. 1182. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void.

    Held

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