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Classification of Conditions in Law

This document defines and classifies different types of conditions that may apply to obligations. It outlines seven classifications of conditions based on their effect, form, possibility, cause or origin, mode, number, and divisibility. A key point is that a conditional obligation is void if the fulfillment of the condition depends solely on the will of the debtor. However, the obligation is valid if the condition depends on chance, the will of a third party, or a combination of chance and the will of a third party.

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2K views1 page

Classification of Conditions in Law

This document defines and classifies different types of conditions that may apply to obligations. It outlines seven classifications of conditions based on their effect, form, possibility, cause or origin, mode, number, and divisibility. A key point is that a conditional obligation is void if the fulfillment of the condition depends solely on the will of the debtor. However, the obligation is valid if the condition depends on chance, the will of a third party, or a combination of chance and the will of a third party.

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aes v
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We take content rights seriously. If you suspect this is your content, claim it here.
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  • Article 1182 - Conditions and Obligations: Explains how fulfillment of conditions depends on the will of the debtor, third persons, or chance, influencing the validity of obligations.

Article 1182.

When the fulfillment of the condition depends upon the sole will of the debtor, 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.

Classifications of Conditions.

(1) As to effect:

(a) Suspensive - gives rise to the obligation


(b) Resolutory - extinguishes the obligation

(2) As to form:

(a) Express - clealy stated


(b) Implied - merely inferred

(3) As to possibility:

(a) Possible - capable of fulfillment


(b) Impossible - not capable of fulfillment

(4) As to cause or origin:

(a) Potestative - one of the will of contracting parties


(b) Casual - upon chance or upon the will of a third person
(c) Mixed - partly upon chance and partly upon the will

(5) As to mode:

(a) Positive - consists in the performance of act


(b) Negative - consists in the omission of an act

(6) As to numbers:

(a) Conjunctive - several conditions and all must be fulfilled


(b) Disjunctive - several conditions and only one or some of them must be fulfilled

(7) As to divisibility

(a) Divisible - susceptible of partial performance


(b) Indivisible - not susceptible of partial performance

Suspensive Condition depends upon the will of debtor.

(1) Conditional obligation void.


- its validity and compliance is left to the will of the debtor and it cannot be easily demanded.
- there is no burden, no juridical is created.

(2) Only the condition void.


- the obligation is pre-existing and unaffected.
- the condition is imposed not on the birth of the obligation but on the fulfillment.

The obligation is valid if the suspensive condition depends upon the will of the creditor.

The obligation is valid if the resolutory condition depends upon the will of the debtor. The fulfillment of the
condition merely causes the extinguishment or loss of rights already acquired.

The obligation is valid if the suspensive condition depends upon the will of a third person - casual condition.

The obligation is valid if the suspensive condition depends partly upon chance and upon the will of a third
person.

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