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Law on Obligations and Contracts
By: Hector De Leon

STUDY GUIDE 118 – 120
I
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Condition - Condition is a future and uncertain event, upon the happening of which, the effectivity or
extinguishment of an obligation (or rights) subject to it depends
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Civil loss - when a thing disappears in such a way that its existence is unknown (e
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, a particular dog
has been missing for some time); or even if known, it cannot be recovered (Art
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g
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g
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3
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4
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5
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II
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Illustrate an obligation subject to:
• Suspensive condition
- the happening of which gives rise to the obligation
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• Resolutory condition
• The happening of which extinguishes the obligation
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What is the effect of the fulfillment of the condition in a conditional obligation?
2
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Explain
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1180, the debtor promises to pay when his means permit him to do so
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Only his will determines how long the time will last
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3
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The obligation arises under the suspensive condition when the said condition is already met
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If the condition has already
been met, the debtor is responsible
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In an obligation to give a parcel of land subject to a suspensive condition, which is entitled to the fruits
that accrued during the pendency of the condition once said condition is fulfilled?
Unless there is a contrary intention by the seller to make an accounting of fruits obtained during
the pendency of the condition, the seller has the right to retain all fruits and interests he might receive
during the pendency of the condition
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State the rules in case the thing to be delivered:
a
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If the delivery lost without the fault of the debtor, the debtor is not responsible for any obligations
or the contract is cancelled
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b
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If it deteriorates due to the debtor's fault, the creditor has the opportunity to decide between two
options as a creditor: rescission or satisfaction of the obligation, with the damages incurred in any case
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If it deteriorates without the debtor's negligence, the value of the delivered item will depreciate,
and the value will be affected negatively of the item's depreciation
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Problems
Explain or state briefly the rule or reason for your answer
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D (debtor) borrowed P20,000 from C (creditor) payable on or before August 30
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Can C insist that B pay not later than august
30?
According to Art
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The creditor requires the third person to pay
him by August 30th, but they settled on the third party's obligation to pay the creditor if the third party so
desires
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2
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is the obligation valid?
According to Art
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If the creditor has already compensated the third party, the debtor
is obligated to pay the creditor
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As an effect, the debtor's liability is void
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Law on Obligations and Contracts
By: Hector De Leon
3
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Suppose S delivered the car on June 15, but B failed to pay the price,
what are the remedies of S?
If the buyer fails to meet his payment obligations, the seller has two options:
(a) action for specific performance (fulfillment) of the obligation with the damages; or
(b) action for the rescission of the obligation also with damages
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If the creditor chooses
rescission, he cannot claim that the buyer fulfills his obligations
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(Article 1191)

4
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The land was
delivered to B who obtained ownership thereof
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Thereupon, S sued for rescission under Article 1191
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The buyer is able to fulfill his duty to pay the P40,000 maintaining balance, but he
does need additional time due to his financial difficulties, not because he doesn't even want to pay the
maintaining balance he had left
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D (debtor) binds himself to pay C (creditor) a sum of money
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During the fulfillment of the
condition, the creditor has the right to make a claim on the debtor
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If the creditor and debtor agree on the time within which the liability will be extinguished, the creditor will
demand that the buyer pay the sum owed to him
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It is in high demand immediately
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(Article 1179)



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