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Article 1184: Positive Condition

The document discusses conditions that affect obligations under positive law. It explains that an obligation with a positive condition is extinguished either when the time expires without the event occurring, or it becomes clear the event will not occur. A negative condition makes the obligation effective either when the time elapses without the event, or it is clear the event cannot occur. If a party prevents the fulfillment of a suspensive condition, the condition is considered constructively fulfilled. This also applies to resolutory conditions.

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375 views7 pages

Article 1184: Positive Condition

The document discusses conditions that affect obligations under positive law. It explains that an obligation with a positive condition is extinguished either when the time expires without the event occurring, or it becomes clear the event will not occur. A negative condition makes the obligation effective either when the time elapses without the event, or it is clear the event cannot occur. If a party prevents the fulfillment of a suspensive condition, the condition is considered constructively fulfilled. This also applies to resolutory conditions.

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PATRICIA AURELIO
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We take content rights seriously. If you suspect this is your content, claim it here.
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Article 1184

Positive Condition
The obligation is extinguished:

(1) as soon as the time expires without the event taking place

23
OBLIGATION

Before 23 years old


(2) as soon as it has become indubitable that the event will not take
place although the time specified has not expired.

OBLIGATION

Before 23 years old


Article 1185

Negative Condition
The obligation shall become effective and binding:

(1) from the moment the time indicated has elapsed without taking place

On December 30

On December 31
On December 30
(2) from the moment it has become evident that the event cannot occur,
although the time indicated has not yet elapsed.

On November 20

On December 30
Article 1186

Constructive fulfillment of suspensive condition

Three (3) requisites for the application of this article:

(1) The condition is suspensive;


(2) The obligor actually prevents the fulfillment of the
condition; and
(3) He acts voluntarily.
ex.
Juliet agreed to give Romeo a 5% commission if the latter could sell
the former’s land at a certain price. Romeo found a a buyer who would
definitely decided to buy the property upon the terms prescribed by
Juliet. To evade the payment of the commission agreed upon, Juliet
himself sold to the buyer the property at a lower price without the aid
of Romeo.
Constructive fulfillment of resolutory condition

Article 1186 applies also to an obligation subject to a resolutory


condition with respect to the debtor who is bound to return what he
received upon the fulfillment of the condition. (Art. 1190)

ex.
Romeo binds himself to lend his only car to Juliet until the latter
passes the CPA board. The obligation to lend is immediately demandable.
Juliet’s right over the car is extinguished upon her passing the CPA Board.
Juliet is now obliged to return the car.

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