3.

NEGLIGENCE/CULPA voluntary act/omission; no bad faith 6 MISCELLANEOUS RULES ON CONDITIONAL OBLIGATION

intended
3Kinds
a. Culpa aquiliana/Civil negligence quasi-delict/torts
b. Culpa contractual/Contractual negligence breach
c. Culpa criminal/Criminal negligence crime/delict
4. Contrary to the terms of obligation
2 RULES OF PRINCIPAL & INSTALLMENT
1. Receipt of principal w/o mention of interest, presumed interest
is paid also.
2. Receipt of latter installment w/o mention of prior installment,
presumed prior installment is paid also.
1. Impossible conditions, contrary to law, shall ANNUL obligation.
2. The condition not to do an impossible thing is considered not
agreed upon.
3. The condition that happens in determinate time, EXTINGUISHES
obligation.
4. The condition that happens in INDETERMINATE time, obligation
only effective at arrival.
5. The condition is fulfilled if DEBTOR prevents fulfillment.
6. The effect of conditional obligation, once fulfilled:
- to give: retroact to the day of constitution of obligation
- has reciprocal prestations: fruits & interests be mutually
compensated
- has unilateral obligation: debtor shall give fruits & interests

4 SUCCESSIVE RIGHTS OF CREDITOR to satisfy claim against RULES in case of Loss, Improvement, or Deterioration of thing
DEBTOR during the pendency of condition
1. Exact payment 1. LOST
2. Attach debtors properties a. w/ debtors fault damages
3. Accion subrogatoria exercise rights & actions except inherent b. w/o debtors fault extinguishes obligation
in person
4. Accion pauliana cancel acts/contracts by debtor to defraud 2. DETERIORATION
creditor a. w/ debtors fault - (1) cancel obligation & damages; or (2) fulfill
obligation w/ damages
TRANSMISSIBILITY OF RIGHTS b. w/o debtors fault creditor suffer impairment
General Rule: ALL RIGHTS are transmissible.
Exceptions: 3. IMPROVEMENT
1. Law states a. By nature/time benefit to creditor
2. Contract states b. at expense of debtor debtor no right than that granted to
3. Obligation is purely personal usufructuary (debtor no right to compensate amount for
improvement)
10 Kinds of Obligation
1. Pure EFFECTS OF FULFILLMENT OF SUSPENSIVE CONDITION
2. Conditional General Rule: The obligation becomes effective retroactively to
3. Alternative the day obligation was constituted.
4. Facultative Exceptions:
5. Joint 1. In reciprocal obligation, fruits & interests during pendency of
6. Solidary condition shall compensate each other.
7. Divisible 2. In unilateral obligation, debtor gets fruits & interests unless
8. Indivisible there is a contrary intent.
9. Obligation w/ a period
10. Obligation w/ a penal clause 3 EFFECTS OF FULFILLMENT OF RESOLUTORY CONDITION
1. Extinguish obligation.
1. PURE OBLIGATION 2. Both parties restore what they received plus fruits & interests.
- w/o condition, demandable at once (pure has resolutory 3. The rule on L, D, or I will apply to person who has to return the
condition/period) thing.
When one of debtors in reciprocal obligation does not comply
2. CONDITIONAL OBLIGATION w/ his obligation
- there is condition in performance; future & uncertain 1. The right of injured party is (1) cancel contract & damages; or
2Kinds (2) fulfill obligation & damages
a. Suspensive condition happening of condition gives RISE to
obligation 3 Kinds of Obligation (Accdng to PERSON OBLIGED)
b. Resolutory condition happening of condition 1. UNILATERAL only 1 party obliged to comply
EXTINGUISHES obligation 2. BILATERAL both parties; performance not same time
3. RECIPROCAL both parties; performance same time