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ë Suspensive Conditions-
Conditions- the happening of
which will give rise to the acquisition of a
right.
ë Resolutory Conditions-
Conditions- the rights already
acquired are lost once the condition is
fulfilled.
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ë |.) Acquisition of rights-

rights- This type of
obligation has a condition subordinate to
the happening of a future and uncertain
event; so that if the suspensive condition
does not take place, the parties would
stand as if the conditional obligation had
NEVER existed.
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ë T, testator, in his last will and testament

gave some property to H (heir) provided T
would die within two (2) years.
In this case, H would acquire a right to the
land only upon the happening of the
suspensive condition: the death of T
within 2 years. (If there is no length of
time within which the death must take
place, the obligation is one with a period.)
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ë |.) X binds himself to support Y until Y
graduates from college. Here, the right
already acquired by Y which is the right to
receive support shall be extinguished or
lost once the condition is fulfilled.
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otestative, Casual and Mixed Conditions

ë otestative- depends on the exclusive will

otestative-
of one of the parties.
ë Casual-- depends on chance or upon the
Casual
will of a third person. VALID
ë Mixed Conditions-
Conditions- depends partly upon
chance and partly upon the will of a third
person. VALID
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ë POTESTATIVE:

(a) Potestative on the part of the DEBTOR:

(1.) if also suspensive-
suspensive- both the condition and the obligation
are VOID, for the obligation is really illusory.
eg.
I will pay you after I receive a loan from a bank.
(Berg vs. Magdalena Estate, Inc. 92 Phil 110, 1953)

ΠIt is only applicable to an obligation which depends for its

perfection upon a condition which is potestative to the debtor and
NOT to a PRE-
PRE-EXISTING obligation.
eg.
B binds himself to pay a previous indebtedness
of P2,000 to C (creditor) by the end of December provided that he
is in the mood to do so.
- Though the condition is VOID on the ground that its fulfillment
depends exclusively upon the will of the debtor, the OBLIGATION
itself is NOT VOID since it refers to a pre-
pre-existing indebtedness.

(2.) if also resolutory-

resolutory- VALID
 EXAMPLE
(b.) Potestative on the part of the CREDITOR-
CREDITOR-
VALID

I will pay you my indebtedness upon your

demand.

ΠThe obligation does not become illusory.

illusory. For it
is normal
normal,, that the creditor is interested in the
fulfillment of the obligation because it is for
his benefit. Thus, it is up to him whether to
enforce his right or not.
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ΠCASUAL CONDITION:
Where S binds himself to sell his land to F if he
wins a case which is pending before the Supreme
Court.
ΠMIXED CONDITION:
Where X, building contractor,obliges himself in
favor of Y, owner, to repair at Xƞs expense, any
damage to the building taking place after an
earthquake if found by a panel of arbitrators that
construction defects contributed in any way to the
damage.
BOTH CONDITIONS MUST TAKE LACE IN ORDER THAT
XƞS OBLIGATION WILL ARISE.