1st Slide
What is 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.
2nd Slide
Negative condition.
The mentioned provision speaks of a negative condition that an event will not happen at a determinate
time. (see Art. 879.) The obligation shall become effective and binding:
(1) from the moment the time indicated has elapsed without the event taking place; or
(2) from the moment it has become evident that the event cannot occur, although the time indicated
has not yet elapsed.
If no time is fixed, the circumstances shall be considered to arrive at the intention of the parties. This
rule may also be applied to a positive condition.
3rd Slide
(3) Suppose C dies on November 20 without having been married to B. The obligation is rendered
effective because it is certain that the condition not to marry will be fulfilled. In this case, the obligation
becomes effective from the moment of C's death on November 20 although the time indicated
(December 30) has not yet elapsed.
4th Slide
What is Article 1186?
The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. (1119)
5th slide
Constructive fulfillment of suspensive condition.
There are three (3) requisites for the application of this article:
a. The condition is suspensive;
b. The obligor actually prevents the fulfillment of the condition; and
c. He acts voluntarily.
The law does not require that the obligor acts with malice or fraud as long as his purpose is to prevent
the fulfillment of the condition. He should not be allowed to profit from his own fault or bad faith.
6th slide
What is Article 1187?
The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the
day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal
prestations upon the parties, the fruits and interests during the pendency of the condition shall be
deemed to have been mutually compensated. 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. (1120)
7th slide
Retroactive effects of fulfillment of suspensive condition.
1.) Obligations to give
2.) Obligations to do or not to do
Retroactive effects as to fruits and interests in obligations to give.
1.) In reciprocal obligations
2.) In unilateral obligations. -