Asynchronous Task 3
1. In tabular form define or distinguish the different kinds of
conditions and give your example for each kind.
TYPE DEFINITION EXAMPLE
a. condition precedent or Girl will sell her house if it
Suspensive condition antecedent or one the is adjudicated to her in
fulfillment of which will give rise the division of her
to an obligation or right. The deceased mother’s
demandability of the obligation estate.
is suspended until the
happening of the uncertain
event which constitutes the
condition.
b. Condition subsequent or one of Boy binds himself to give
Resolutory the fulfillments of which will girl 100,000 every year
extinguish an obligation or right until girl graduates from
already existing. college.
c. a condition suspensive in Derek will give mark a house if
he wants it.
Potestative nature and which depends upon
the sole will of one of the
contracting parties.
d. Casual the condition depends upon Kris binds himself to sell
chance or upon the will of a all his land in Tagaytay to
third person, the obligation Carla if he wins a case
subject to it is valid. which is pending before
the Supreme Court.
e. Mixed the condition depends partly Gail, house contractor,
upon chance and partly upon obliges herself in favor of
the will of a third person. Hannah, owner, to repair
Gail’s expense, any
damage to the house
taking place after an
earthquake if found by a
panel of arbitrators’
construction defects
contributed in any way to
the damage.
f. the condition is not capable of Lexie will give mark a
Impossible fulfillment, legally or physically. house and car if the sun
will shine for one year in
New York.
g. Possible the condition is capable of Levi will lend Nico
fulfillment, legally or physically. 1,000,000 pesos if Nico
dance in the middle of
the street within two
minutes.
h. Positive The happening of an event at a Juan obliges himself to
determinate time. The give house and lot to John
obligation is extinguished as if John will marry Ana
soon as the time expires before John reaches the
without the event taking place age of 30.
or as soon as it has become
indubitable that the event will
not take place although the
time specified has not expired.
i. That an event will not happen Marie binds herself to
Negative at a determinate time. The give anna 20,000 if anna
obligation shall become is not yet married to
effective and binding from the Charlie on August 18.
moment the time indicated has
elapsed without the event
taking place or from the
moment it has become evident
that the event cannot occur,
although the time indicated has
not yet elapsed.
j. the condition is susceptible of France agreed to pay
Divisible partial performance. 25,000 in eight equal
monthly installments for
his debt.
k. the condition is not susceptible Alex agreed to sing Grey
Indivisible a farewell song for
of partial performance. 35,000.
l. there are several conditions Izzie could agree to wash
Conjunctive and all must be fulfilled. dishes of Cristina, clean
Cristina’s room, and
segregate Cristina’s
trash.
m. there are several conditions Shana borrowed from
Alternative and only one or some of them althea 50,000. It was
must be fulfilled. agreed that Shana could
comply with her
obligation by giving
althea 50,000, or
computer set or by
painting althea’s car.
2. What is the difference between an obligation with a term or
period from an obligation with a condition?
- An obligation with a term or period is one whose effects or consequences
are subjected in one way or another to the expiration or arrival of said
period or term while an obligation with a condition is one whose
consequences are subject in one way or another to the fulfillment of a
condition.
3. What is a joint obligation? How is this different from a solidary
obligation?
- Joint obligation or one where the whole obligation is to be paid or fulfilled
proportionately by the different debtors and/ or to be demanded
proportionately by the different creditors while the Solidary obligation or
one where each one of the debtors is bound o render, and/ or each of the
creditors gas a right to demand from any of the debtors, entire compliance
with the prestation.
4. Explain the concept of a Joint indivisible obligation?
- According to article 1224 a joint indivisible obligation gives rise to
indemnity for damages from the time anyone of the debtors does not
comply with his undertaking. The debtors who may have been ready to
fulfill their promises shall not contribute to the indemnity beyond the
corresponding portion of the price of the thing or of the value of the service
in which the obligation consists.
5. Distinguish an alternative obligation from a facultative
obligation.
- An alternative obligation, the right of choice, as a rule, belongs to the
debtor. Nevertheless, the debtor may expressly give the right of choice to
the creditor. And facultative obligation is one where only one prestation has
been agreed upon but the obligor may render another in substitution.
6. What is an obligation with a penal clause?
- A penal clause obligation is an accessory undertaking attached to an
obligation to assume greater liability in case of breach, the obligation is not
fulfilled, or is party or irregularly complied with