1It is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.
Pure Obligation
2It is one whose consequences are subject in one way or another to the fulfillment of a condition.
Conditional Obligation
3It is a future and uncertain event, upon the happening of which, the acquisition or extinguishment of an obligation (or right) subject to it depends.
Condition
4 In order to constitute an event as a condition, it is not enough that it be future; it must also be uncertain. The first paragraph of Article 1179 obviously uses the disjunctive "or" between "future" and "uncertain" to distinguish pure obligation from both the conditional obligation and one with a period. Be that as it may, the word "or" should be "and."
Future and uncertain
5A condition may refer to a past event unknown to the parties. (infra.) If it refers to a future event, both its very occurrence and the time of such occurrence must be uncertain; otherwise, it is not a condition.
Past but unknown.
6Characteristics of a condition.
1. Future and uncertain
2. Past but unknown
7Two principal kinds of condition
1. Suspensive condition
2. Resolutory condition
8(condition precedent or condition antecedent) or one the fulfillment of which will give rise to an obligation (or right). In other words, the demandability of the obligation is suspended until the
happening of the uncertain event which constitutes the condition.
Suspensive condition
9(condition subsequent) or one the fulfillment of which will extinguish an obligation (or right) already existing.
Resolutory condition
10In obligations subject to asuspensive condition, the acquisition of rights by the creditor depends upon the happening of the event which constitutes the condition
Acquisition of rights
11In obligationssubject to a resolutory condition, the happening of the event which constitutes the condition produces theextinguishment or loss of rights already acquired.
Loss of rights already acquired
12Enumerate seven Classifications of condition.
(1) As to effect
(2) As to form
(3) As to possibility
(4) As to cause or origin
(5) As to mode
(6) As to numbers
(7) As to divisibility
13As to effect
Suspensive
Resolutory
14As to form
Express
Implied
15As to possibility
Possible
Impossible
16As to cause or origin
Potestative
Casual
Mixed
17As to mode
Positive
Negative
18 As to numbers
Conjunctive
Disjunctive
19As to divisibility
Divisible
Indivisible
20A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Article 1305
21It lays emphasis on the meeting of minds between two (2)contracting parties which takes place when an offer by one (1)party is accepted by the other. (Art. 1319.) In a contract, one(1) or more persons bind himself or themselves with respect toanother or others, or reciprocally, to the fulfillment of anobligation to give, to do, or to render service or to refrain fromdoing some particular thing (see Art. 1156.)
Contract
22What are the eleven Classifications of contract
(1) According to name or designation
(2) According to perfection
(3) According to cause
(4) According to form
(5) According to obligatory force
(6) According to person obliged
(7) According to risks
(8) According to liability
(9) According to status
(10) According to dependence to another contract
(11) According to dependence of part of contract to other parts.
23According to name or designation
(a) Nominate; and
(b) Innominate. (see Art. 1307.)
24According to perfection
(a) Consensual; and
(b) Real. (see Arts. 1315, 1316.)
25 According to cause
(a) Onerous;
(b) Remuneratory or remunerative; and
(c) Gratuitous. (see Art. 1350.)
26According to form
(a) Informal, common or simple; and
(b) Formal or solemn. (see Art. 1356.)
27According to obligatory force
(a) Valid (see Art. 1306.):
(b) Rescissible (Chap. 6.);
(c) Voidable (Chap. 7.);
(d) Unenforceable (Chap. 8.); and
(e) Void or inexistent. (Chap. 9.)
28According to person obliged
(a) Unilateral; and
(b) Bilateral. (see Art. 1191.
29According to risks
(a) Commutative
(b) Aleatory
30According to liability
(a) Unilateral
(b) Bilateral
31According to status
(a) Executory
(b) Executed
32According to dependence to another contract
(a) Preparatory
(b) Accessory
(c) Principal
33According to dependence of part of contract to other parts
(a) Indivisible
(b) Divisible
34the happening of which gives rise to the obligation
Classifications of condition under As to effect which is:
Suspensive
35the happening of which extinguishes the obligation.
Classifications of condition under As to effect which is:
Resolutory
36the condition is clearly stated
Classifications of condition under As to form which is:
Express
37the condition is merely inferred.
Classifications of condition under As to form which is:
Implied
38the condition is capable offulfillment, legally and physically;
Classifications of condition under As to possibility which is:
Possible
39the condition is not capable of fulfillment, legally or physically.
Classifications of condition under As to possibility which is:
Impossible
40the condition depends uponthe will of one of the contracting parties
Classifications of condition under As to cause or origin which is:
Potestative
41the condition depends upon chance upon the will of a third person
Classifications of condition under As to cause or origin which is:
Casual
42 the condition depends partly uponchance and partly upon the will of a thirdperson.
Classifications of condition under As to cause or origin which is:
Mixed
43the condition consists in theperformance of an act;
Classifications of condition under As to mode which is:
Positive
44the condition consists in theomission of an act.
Classifications of condition under As to mode which is:
Negative
45there are several conditions and all must be fulfilled;
Classifications of condition under As to numbers which is:
Conjunctive
46there are several conditions and only one or some of them must befulfilled.
Classifications of condition under As to numbers which is:
Disjunctive
47the condition is susceptible of partial performance;
Classifications of condition under As to divisibility which is:
Divisible
48 the condition is not susceptible of partial performance.
Classifications of condition under As to divisibility which is:
Indivisible
49(e.g., sale, lease), when the undertaking of one party is considered the equivalent of that of the other;
Classifications of contract under According to risks which is:
Commutative
50(e.g., insurance, sale of hope), whenit depends upon an uncertain event or contingency both as to benefit or loss.
Classifications of contract under According to risks which is:
Aleatory
51(e.g., commodatum, gratuitous deposit), when it creates an obligation on the part of only one of the parties;
Classifications of contract under According to liability which is:
Unilateral
52 (e.g., sale, lease), when it gives rise to reciprocal obligations for both parties.
Classifications of contract under According to liability which is:
Bilateral
53 when it has not yet been completely performed by both parties;
Classifications of contract under According to status which is:
Executory
54when it has been fully and satisfactorily carried out by both parties
Classifications of contract under According to status which is:
Executed
55 (e.g., agency, partnership), when it is entered into as a means to an end;
Classifications of contract under According to dependence to another contract which is:
Preparatory
56 (e.g., mortgage, guaranty), when it is dependent upon another contract it secures or guarantees for its existence and validity;
Classifications of contract under According to dependence to another contract which is:
Accessory
57(e.g., sale, lease), when it does not depend for its existence and validity uponanother contract but is an indispensable condition for the existence of an accessory contract
Classifications of contract under According to dependence to another contract which is:
Principal
58(or entire) (e.g., sale of a dining room table and 8 matching chairs), when each part of the contract is dependent upon the other parts for satisfactory performance;
Classifications of contract under According to dependence of part of contract to other
parts which is:
Indivisible
59(e.g., sale of rocking chair and a pairof shoes), when one part of the contract may be satisfactorily performed independently of the other parts. (see Arts. 1223-1225.)
Classifications of contract under According to dependence of part of contract to other
parts which is:
Divisible
60are those that meet all the legal requisites for the type of agreement involved (see Art. 1318.)
and the limitations on contractual stipulation (Art. 1306.) and are, therefore, legally binding and enforceable.
Valid contracts
61It refers to the manner in which a contract is executed or manifested.
Form of contract
62It is generally recognized that to be a written contract, all its terms must be in writing. So, a contract partly in writingand partly oral is, in legal effect, an oral contract.
When contract considered in written form
63Two Classifications of contracts according to form
(1) Informal or common or simple contract
(2) Formal or solemn contract
64 that which may be entered into in whatever form provided all theessential requisites for their validity are present. (Art. 1356.) This refers only to consensual contracts (Art. 1356.), such as the contract of sale. An informal contract may be oral or written and, in fact, may evenbe implied from the conduct of the parties;
Informal or common or simple contract
65or that which is required bylaw for its efficacy to be in a certain specified form.
Formal or solemn contract
66It is that remedy allowed by law by means of which a written instrument is amended or rectified so as toexpress or conform to the real agreement or intention of the parties when by reason of mistake, fraud, inequitable conduct,or accident, the instrument fails to express such agreement orintention.
Reformation
67State Requisites of reformation
(1) There is a meeting of the minds of the parties to the contract;
(2) The written instrument does not express the trueagreement or intention of the parties;
(3) The failure to express the true intention is due tomistake, fraud, inequitable conduct (i.e., any act oromission which is unjust or unfair), or accident;
(4) The facts upon which relief by way of reformation of the instrument is sought are put in issue by thepleadings; and
(5) There is clear and convincing evidence (which is morethan mere preponderance of evidence) of the mistake, fraud, inequitable conduct, or accident.