What are the conditions of acceptance?
1] Acceptance can only be given to whom the offer was made. 3] Acceptance must be communicated. 4] It must be in the prescribed mode. 5] Implied Acceptance
What are the characteristics of condition?
Characteristics of a condition 1. Future AND uncertain 2. Past but unknown If future event, its very occurrent and the time of such occurrence must be UNCERTAIN. *A Condition must not be impossible (see art.
What are the types of conditions?
Four Types of Conditionals
- if (or when) + present tense | present tense.
- if (or when) + past tense | past tense.
- if + present tense | will (may/might/can/could/should) + infinitive.
- if + past subjunctive | would/might/could + infinitive (simple or continuous)
- *if + simple past | would/might/could + infinitive (simple or continuous)
Is Resolutory condition Demandable at once?
An obligation is demandable at once if it is pure obligation which one is not suspended by any condition, whether it has been contracted without any condition, or when thus contracted, the condition has been performed. It is immediately demandable. When the obligation is subject to a resolutory period…2014年10月2日
When his means permit him to do so meaning?
When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of article 1197. By: Evelyn Balaoro. Explanation: An obligation with a period arises when a day certain has been fixed for its fulfillment
What is pure and conditional obligation?
Pure obligation is one free from any condition and there is no period of fulfillment, thus it is immediately demandable. Conditional obligation is one where its fulfillment is upon the condition stipulated. Condition is a future and uncertain event which can draw the effectivity or extinguishment of an obligation
What makes an obligation valid?
The obligation is valid. When the creditor knows that the debtor already has the means to pay, he must file an action in court to fix the period, and when the definite period as set by the court arrives, the obligation to pay becomes demandable (CIVIL CODE, art. 1197). 2.
What are the three kinds of obligation?
Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional…
- Section 1: Pure and Conditional Obligation.
- Section 6: Obligation with a Penal Clause.
- Section 2: Obligations with a Period.
- Section 3: Alternative Obligation.
- Section 4: Joint and Solidary Obligations.
- Section 5: Divisible and Indivisible Obligation.
What is the effect of an impossible condition imposed upon an obligation?
EFFECT OF IMPOSSIBLE CONDITIONS 1 Conditiona l obligation void – impossible conditions annul the obligation which depends upon them therefore both obligation and condition are void. Since the obligor knows the condition cannot be fulfilled, the obligation will not be complied with.
Why impossible condition is not allowed?
Impossible conditions cannot be performed; and if a person contracts to do what at the time is absolutely impossible, the contract will not bind him, because no man can be obliged to perform an impossibility; but where the contract is to do a thing which is possible in itself, the performance is not excused by the …
What is physically impossible conditions?
They are: (1) Physically impossible conditions. — when they, in the nature of things, cannot exist or cannot be done; and (2) Legally impossible conditions. — when they are contrary to law, morals, good customs, public order, or public policy. Effect of impossible conditions. ( 1) Conditional obligation void. —
What is negative condition?
A negative condition is a condition that forbids or prevents a party from doing a specific thing. Negative condition can include conditions such as prohibiting a tenant from subletting leased property, a promise not to do something, usually as part of a larger agreement.
What is the difference between a condition and a period?
Period vs Condition a period is a future and certain event. a condition is an uncertain event.
What is the effect of the fulfillment of the condition in a conditional obligation?
1506. The fulfillment of a condition has a retroactive effect, between the parties and with respect to third persons, to the day on which the debtor obligated himself conditionally.
What is the effect of Potestative condition?
Potestative conditions do not create any obligations Potestative conditions do not create obligations at all, impose no duty on the parties, and for this reason are invalid as clauses in a contract. In consequence, a potestative condition, even though written into a contract, is void and without effect
Has the debtor the right to recover what he has paid to the creditor?
Has the debtor the right to recover what he has paid to the creditor before the arrival of the period agreed upon? – Yes, if the debtor paid, unaware of the period, believing that it is already due and demandable, he can recover.
What are the remedies of the creditor when the debtor fails to comply with his obligation?
The creditor can demand specific performance or fulfillment of the obligation with indemnity for damages, OR demand rescission or cancellation of the obligation with a right to indemnity for damages, OR demand payment for damages only when it is the only feasible remedy.
What are the remedies of a creditor in real obligation?
In case the debtor does not comply with his obligation, the creditor may avail himself of the following remedies to satisfy his claim:
- Exact fulfillment (specific performance) with the right to damages.
- Pursue the leviable property of the debtor.
- Exercise all rights and actions to the debtor.
What are the five sources of obligation?
Obligations arise from: (1) Law; (2) Contracts; (3) Quasi‐contracts; (4) Acts or omissions punished by law; and (5) Quasi‐delicts. Sources of Obligations Law — when they are imposed by law itself. Ex: Obligation to pay taxes; obligation to support one’s family Contracts.