Pure and Conditional Obligations. (Article 1179 - 1192) Kinds of Obligations (Part 1)

Hello everyone, welcome back to our channel. Hope you're feeling fresh as we are to start a new chapter again. Kinds of obligations, major mahava. So, we need to divide and classify this into five parts. One classification according to demandability, either pure, conditional, or with a term. Second classification according to plurality of object, either alternative or facultative. Third classification according to plurality of subject, either single, joint, or solidary. Fourth classification according to performance, divisible or indivisible.

And classification according to sanction, my penal clause ba or walang penal clause in case of breach. So, for now, obviously not being on pure unconditional obligations, that is article 1179 to 1192. So, next video, anatomy discussing obligation with the term.

So, for now, focus now on pure obligation. But before we proceed, the anandlang natintosaglit secondary classifications of obligations under the civil code discussed, but we will be discussing these concepts as we go with our discussion provision per provision. Nimbawa yongsan real and personal obligation, we need to call 1163-1168. So, let's start. Article 1179: Every obligation whose performance does not depend upon a future or uncertain event or upon a past event unknown to the parties is demandable at once. Every obligation which contains a resolutory condition shall also be demandable without prejudice to the effects of the happening of the event.

Your first sentence actually talks about pure obligations, obligations na demandable at once, young performance i wa long condition at specific date for its fulfillment. Therefore, immediately demand the ball. So, union pure obligations. Okay, pogie promised to deliver his specific car to ganda or ganda promised to give pogi 10,000 on demand for long term or period immediately demandable. Okay, union pure obligation. Now,

in contrast, secure obligation is unconditional obligation, conditional or obligation with a term or period. To better understand procedure, what is conditional obligation? A conditional obligation is one whose consequences are subject in one way or another to the fulfillment of a condition. From the word itself, conditional obligation, along with me, what is condition? But what is conditioned under the law? Angsa condition is a future and uncertain event upon which the effectivity or extinguishment of an obligation rights subject to it depends.

So, my two requisites: futurity and uncertainty. Depending on birth or young death, no obligation. But last, please take note, a condition may also refer to a past event unknown to the parties. Okay, future event uncertainty but past event an important unknown to the parties. Okay, past events are known to the party's condition future. There are actually two principal kinds of obligations, probably valid also master nina suspensive or respiratory. But suspensive spend an effective obligation, no fulfillment, no obligation. Example: I will give you 10,000 pesos if you will pass this subject. This is suspensive because it suspends the demandability of the obligation subject and condition extinguishes the obligation. So, parang kamali karan langnon's suspensive condition, the obligation takes effect at once kagad my obligation but

it will terminate upon the happening of the event of the condition. So again, if this expensive condition is fulfilled, the obligation arises obligation while if it is the resolutory condition that is fulfilled an obligation i it will extinguish the obligation. Now question class, when is an obligation demandable at once? Meaning demandable obviously not discuss nothing pure obligation. When the obligation is pure, it is demandable at once. Second is young as a second paragraph, when the condition is subject or when the obligation is subject to a resolutory condition. Every obligation which contains a resolutory condition shall also be demandable without prejudice to the effects of the happening of the event saints in a pure obligation demandable at once young's a resolutory obligation without prejudice to the effects of the happening of the event obligation. Okay, later on class when we reach article 1193 to 1197. Madirus kaznatensi obligation with a period or term malalam and third scenario when the obligation is demandable at once is prague obligation is subject to a resolutionary period. Okay, first but your obligation second bug obligation is subject to a restimulatory condition and third is a young obligation is subject to a respiratory period. So article 11 18.

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. So discuss obligation with a period since this provision talks about obligation with a period we will later on discuss this in details and next video as said obligation with a period future and certain unconditional obligation future and uncertain and similar article 1180 pak dao sinabini dettor with his means permit him to do so young

dao i with a period the obligation is not conditional but with a period actually payment her does not depend upon the will of the detour this only that time you auras if we fulfill your obligation it is not whether or not

dapat bashan delivers so obligation with a period so pakistan i will pay you when my means permit me to do so sabbath is an obligation with a period so one question when is the obligation demandable kailang might be demanding creditors

you means permit him to do so angry creditors he is only asking the court to fix the date of payment once no fixed nano court and time the obligation now becomes demandable on the date fixed so obligation with a

period will be discussed next when we reach article 1193 to 1198. So article 1181 in conditional obligations the acquisition of rights as well as the extinguishment or laws of those already acquired shall depend upon the happening of the

event which constitutes the condition. This article reiterates suspensive acquisition of rights and ipad conditional obligation na suspensive tapos pag is the resolutory extinguishment or loss of those already acquired that's it it's as simple as that we're gonna think

about it let's proceed to article 1182 when the fulfillment of the condition depends upon the sole will of the better the conditional obligation shall be void if it depends upon chance or upon the will of a third person the obligation

shall take effect in conformity with the provisions of this code be the class we will understand participative obligations casual and mixed obligations so when the fulfillment of the condition depends upon the soul will of the death this is called

participative obligations and sabe both stative obligations suspensive obligation sha applicable hence pag resolutory condition kahitpa depends on will the death or if it's still valid hindisha void now if it depends upon chance or the will of a third person

it is valid now let's discuss these kinds of obligations under this provision article 1182 so etho both obligation and condition are void example i will give you ten thousand pesos if i like liba paganyan void the obligation is illusory

obligation and conditions are valid next vote is topic on the part of the creditor obligation and condition are valid example i'll give you ten thousand pesos if you like how you make me decide obligations now parliament by casual

condition one which depends exclusively upon chance again and now valid example i'll give you 10 000 pesos if i i wins a lot of tomorrow tapas pad mix if it depends of the will of either of the party and of a third

person this is also valid i'll give you ten thousand pesos if you marry gandalf this year it is not entirely dependent upon the wheel of death or mixed sha your will will neganda is so again before we proceed the next

provision let me summarize anxiety number task when the fulfillment of the condition depends upon the soul wheel of the debtor the conditional obligation shall be void so note detour meaning if w

you means permit him to do so angry creditors he is only asking the court to fix the date of payment once no fixed nano court and time the obligation now becomes demandable on the date fixed so obligation with a

period will be discussed next when we reach article 1193 to 1198 so article 1181 in conditional obligations the acquisition of rights as well as the extinguishment or laws of those already acquired shall depend upon the happening of the

event which constitutes the condition this article reiterates suspensive acquisition of rights and ipad conditional obligation na suspensive tapos pag is the resolutory extinguishment or loss of those already acquired that's it it's as simple as that we're gonna think

about it let's proceed to article 1182 when the fulfillment of the condition depends upon the sole will of the better the conditional obligation shall be void if it depends upon chance or upon the will of a third person the obligation

shall take effect in conformity with the provisions of this code be the class we will understand participative obligations casual and mixed obligations so when the fulfillment of the condition depends upon the soul will of the death this is called

participative obligations and sabe both stative obligations suspensive obligation sha applicable hence pag resolutory condition kahitpa depends on will the death or if it's still valid hindisha void now if it depends upon chance or the will of a third person

it is valid now let's discuss these kinds of obligations under this provision article 1182 so etho both obligation and condition are void example i will give you ten thousand pesos if i like liba paganyan void the obligation is illusory

obligation and conditions are valid next vote is topic on the part of the creditor obligation and condition are valid example i'll give you ten thousand pesos if you like how you make me decide obligations now parliament by casual

condition one which depends exclusively upon chance again and now valid example i'll give you 10 000 pesos if i i wins a lot of tomorrow tapas pad mix if it depends of the will of either of the party and of a third

person this is also valid i'll give you ten thousand pesos if you marry gandalf this year it is not entirely dependent upon the wheel of death or mixed sha your will will neganda is so again before we proceed the next

provision let me summarize anxiety number task when the fulfillment of the condition depends upon the soul wheel of the debtor the conditional obligation shall be void so note detour meaning if we only credit or it is not void right it is valid bug's creditor

but depend is a chance or is a real non-third person obligation is valid exceptions conditional obligation is still valid in case of resolutory and autistic your resolutory immediately demandable and second pagmai pre-existing obligation now article 1183 in possible conditions

those contrary to good customs or public policy and those prohibited by law shall announce the obligation which depends upon them if the obligation is divisible that partner of which is not affected by the impossible or unlawful condition shall be valid the condition not to do

an impossible thing shall be considered as not having been agreed upon obviously this provision talks about impossible and illegal conditions so the two kinds of impossible conditions according to this provision physical impossible conditions you know by nature of the same

nismo it cannot exist or cannot be done you know your obligation to make the dead man alive that posing second kind of impossible conditions are young legally impossible conditions when they are contrary to law morals good good customs public policy or public

order example that it is in condition to kill someone both the condition and the obligation are void but note class if the obligation is divisible the partner of not affected by the impossible condition shall be valid example i will give you 10 000

pesos if you sell my land and i will give you a car if you will kill pedro so the obligation to give ten thousand pesos is valid but the obligation to give a car is void because it is dependent upon

an illegal condition that was merely class scenario now only the condition is void if the obligation is a pre-existing obligation and therefore does not depend upon the fulfillment of the condition which is impossible for its existence only the condition is

void purpose negative obligation duns obligation not to do malino's last sentence both obligation and condition are valid just disregard the condition example if i will give you one one million pesos if you cannot make the dead man alive

now article 1184 the condition that some events happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indebtable that the event will not take place this article refers to a positive condition

the happening of an event at a determinate time extinguishes the obligation so example we as soon as the time expires or if it has become indebtable that the event will not take place example so it has become indebtable that the

event will not take place next english obligation that's it article 1185 the condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed or if it has become evident that the

event cannot occur if no time has been fixed the condition shall be deemed fulfilled at such time as may have probably been contemplated bearing in mind the nature of the obligation negative condition previous revisions a positive condition it provides for three situations

when a negative shall become effective and binding accordingly from the moment the time indicated has elapsed without the event taking place so i will give you 10 000 pesos if you will not deposit by negative not to do so i will

give you 10 000 pesos if you will not marry maria this year so at the end of this year january one na at hindi na mankayuna pakasali maria then i will then be obliged to give you ten thousand pesos double second

scenario from the moment it has become evident that the event cannot occur although the time indicated has not yet elapsed so it has become evident that the event cannot occur negative condition so meaning i will then be obliged to pay ten

thousand pesos third scenario if no time is fixed the circumstances shall be considered to determine the intention of the parties so long the court will consider the intention of the parties so article 1186 the condition shall be deemed

fulfilled when the obligor voluntarily prevents its fulfillment due to improvisation at all i must known as constructive fulfillment or presumed the condition is deemed fulfilled like as if ganda to deliver his car if ganda will pass the bar exam tapos on the day in an

examination foggy article 1186 see pogi i still bound to deliver his car and note the same rule also applies in resolutory condition that's it it's as simple as that quintana tays article 1187 the effects of a conditional obligation

to give once the condition has been fulfilled shall up to the day of the constitution of the obligation nevertheless when the obligation imposes reciprocal crustaceans upon the parties the fruits and interest during dependency of the condition shall be deemed to have been mutually

compensated if the obligation is unilateral the debtor shall appropriate the foods and interests received unless from the nature and circumstances of the obligation it should be in feared that the intention of the person constituting the same was different in obligations to do and not

to do the courts shall determine in each case the retroactive effect of the condition that has been complied with to simplify this ganniterian class question i the obligations becomes effective one next question from what day article 1187 it shall retroact to the

day of the constitution of the obligation to better understand let's have an example supposedly today september 2020 foggy obliged himself to sell a parcel of land to ganda if she passed her board or bar exam angvar examine the result of the bar exam is expected

supposedly by december 2020 and then um so from today september 2020 kung kailan nagprami sipogi up to december 2020 bagulumabas and result pogi spiel remains to be the owner of the land because by december 2020 of course after payment and delivery

ganda becomes the owner with a retroactive effect meaning dating back to september 2020 from the time the obligation pass constituted why is it important to learn about this let's take this situation if on october 2020 with bhagavan resolved

number exam so question is the sale valid yes it is because again foggy is still the owner of the land at that time right now how will these situations be resolved because it comes december 2022 beauty after they promised ganda preserved his

right by having the conditional sale noted at the register of vids and pak pasand and will vest in her an absolute right over the property beauty cannot question ganda's right because she has knowledge it was annotated in the title if hindi

are in good faith so that's it now article 1187 also provides for a rule concerning the retroactive effect as to the foods and the interest anxiety article 1187 no retroactive effect so hindi langan ibigay the detour and fruits the naga crew

during dependency of the obligation of that condition in our example ibigainey foggy and fruits mangland that he promised to sell kaipogi parenyon on the same way hindi naman kailangan he began uganda they are deemed mutually compensated you know sabine article 1187.

article 11 87 and don't forget the last sentence in an obligation to do and not to do the chord shall liter mean in each case the reproactive effect of the condition that has been complied with i think that was

self-explanatory the court will determine so proceed natal article 1188 the credit for may before the fulfillment of the condition bring the appropriate actions for the preservation of his right the debtor may recover what during the same time he has paid by mistake in case of a

suspenseful condition so young first paragraph it provides for actions to preserve creditors right otherwise fulfilled an obligation condition that he will not receive anything so preserve but just take note the action is for the preservation of his rights

now this includes among others the right to go to court to prevent alienation or concealment of the property of the death or or the right to have it annotated in the registry of property depending on your obligation okay now the second

paragraph the man it refers to the right of the debtor to recover what was paid by mistake this is actually consistent with the principle anuba what do you think of course salosha in the betty no one shall unjustly enrich

himself as the expanse of another article 1189 when the conditions have been imposed with the intention of suspending the efficacy of an obligation to give the following rules shall be observed in case of the improvement loss or deterioration of

the same during the dependency of the condition this provision discusses about loss deterioration and improvement during dependency of the condition so first please keep in mind that this article applies only if number one the suspensive condition is fulfilled and second the object is

specific not generic situational so objective obligation pending young fulfillment obligations number one lost threatening number two might be a deteriorate and three credit inaudible and it may be lost without the fault of the data or with the fault of the death or same

way credit in shang must deteriorate without the fault of the debtor or with the fault of the debtor and last scenario whether in shanghai improve by nature or time and through the expense of the debtor and bettering partly through

nature and time and partly through the debtor okay so before we discuss the legal implications but we'll find moona time among legal terms lost under the law it may be physically lost as when a scene perishes as when a house

is burned and reduced to ashes and legal lost when a scene goes out of commerce that was civil lost when the thing disappears in such a way that its existence is unknown so hindi like or by law you know lost true

prescription to better understand the legal implications of this article let's have this illustrative example pogi promised to give ganda his only car if ganda passed zibar exam pending the result mumbai exam nasira totally sikhar dahil negaronang earthquake which is

again a fortitude event and is without the fault of foggy so when ganda passes the bar ang tanong does pogi have to give anything disgusting i've been to before and sabika singapore's eventually the thing is lost without his fault so

the obligation is extinguished to a specific thing in this position refers to a specific thing instead of his car you promised me fog is to give one million pesos now if ganda passes the bar pending pero pending sa result number exam

does pogi still have to give her 1 million pesos yes because money is generic sabina genos never perish ok now supposed the laws occurred due to default of pogi na according to article 1189 if the saying is lost due to the fault

of the debtor he shall pay so expanding so it took her on so without the fault of foggy not victorious will foggy be liable for the depreciation or should it be ganda who will suffer the deterioration article 1189 says when the thing

deteriorates without defaults of the debtor the impairment is to be borne by the creditor ditto since it's not the fault of foggy the creditor or seganda and safer deterioration or impairment now what if not deteriorate jungkar da hilsa

fault nipogi condition like exercise and diligence of a good father of a family between either recession agree session cancellation agreement class damages and second weathering fulfillment of the obligation despite the deterioration fulfilled car last damages so that's it now improvement

improve panga and car who gets the improvement or who gets the benefit so depend on it if it is improved by nature and drying see credit or foreign benefit this is the compensate the creditor that deteriorates suffer so

article 1189 you shall have no other right than that granted to the music factory so meaning if pogly installed air conditioning unit inside the car and thereafter ganda passed the bar exam supogi and my right to remove the air

conditioning unit provided that it will not cause destruction or injury to the car otherwise if the toy maharaja postman damage pogi is obliged to deliver the car with improvement because his right is only that of a youtube factory impara enjoyment used at

enjoyment of the same language ownership i hindi sayo now article 11 90. when the condition have for their purpose the extinguishment of an obligation to give the parties upon the fulfillment of said conditions shall return to each other what they

have received in case of the laws deterioration or improvement of the same the provision which with respect to the debtor are laid down in the preceding article shall be applied to the party who is bound to return as for the obligations to do and not to

do the provisions of the second paragraph of article 1187 shall be observed as regards the effect of extinguishment of the obligation so deepen among effect non-fulfillment resolutory condition article 1187 fulfilled suspensive condition condition obviously from the start the obligation is extinguished

demandable at once unconditional or may extinguish strong obligation and so second obligation and extinguishment tea party should return or restore to each other what they have received including the foods and interests and interests 1189 will apply to whoever

has got a duty to return in case of loss deterioration or improvement of the thing example class pogi vinayancy like as if there was never an obligation at all therefore siganda has to return the land and the foods she received and supposed

in the meantime the land has improved by nature and time so who benefits the from the improvement the answer is he is now the creditor with respect to the recovery of the land that is my obligation to return

so union debtor or obligor pogi nayong creditor or obliging so again the effect of the happening of the condition is to announce the obligation as if it had never been constituted at all and if the obligation is to do or not to

do the courts are given the power to determine the retroactivity of the fulfillment of the condition okay so article 1191 this provision talks about the right to resent the right to resent as used in this article means the right

to cancel the contract in case of non-fulfillment in the part of one party so characteristics of this right three sent under article 1191 sabi it exists only in research in reciprocal obligations so question what is reciprocal obligations reciprocal obligations are

obligations where two parties are reciprocally obliged to do or give something for example your contract of sale both parties are reciprocally obliged class it is not enough that both parties are indebted to each other the cost must be identical and the

obligation should arise simultaneously jun ban obligations or premise number and mismo cause or consideration for the obligation or prime minister okay example than a guy on contract of sale the buyer can resend if the seller does not deliver

and the seller can resend if the buyer one million pesos question is this airsoft reciprocal obligation no although they are mutually bound the cost does not arise from the same contract it's not what is meant by reciprocal obligation

now another characteristics of a right to recent under article 1191 it can be demanded only if the parties is ready willing and able to comply with his obligations and the other is not otherwise class if walanum and ready and able

to do his obligations he deliver or fulfill young obligation more okay radica and abel the right to resent is implied there is no need to stipulate it in the contract the right is not automatic or absolute so the injured party should apply to the

court for decree of recession exception to the rule when judicial approval is necessary for recession exemption judicial approval hindi kailangan param agricent number and second is even if there has been delivery the contract states that either party can resend

the same congress speculations no contract the remedies of the injured or aggrieved party are alternative and not communicative that is among recession plus damages or fulfillment plus damages an only exception be to class and as a paragraph too

he already choose fulfillment if fulfillment should become impossible but note class pag pineally angry sessions recession and obligation parampinary he cannot thereafter demand its compliance guide for partial the court is given discretionary power to fix a period instead of rescinding the obligation

especially if the breach is slight or casual so article 1192 in case both parties have committed a breach of the obligation the liability of the first infractor shall be equitably tempered by the courts if it cannot be determined which

of the parties first by violated the contract the saying shall be deemed extinguished and each shall bear his own damages so where both parties are guilty of breach so this provision contemplates two situations una young first in fractal is known

obligation in this case the liability of the first in fractal should be equitably reduced the rule is that the contract shall be deemed extinguished and each shall bear his own damages if you want to see more please like and

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