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Hello, I need help on Article 1187 and Article 1189 of the New Civil Code (Oblicon)

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douglasbaldado


Arresto Menor
In Article 1187 the fulfillment of the suspensive condition will render the obligation effective to the day it was constituted, except as to the fruits and period of prescription. On the other hand, Article 1189 provides the rules to be observed during the pendency of the condition, in case of improvement, loss, or deterioration. Par. 5, "If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor." Why is it that it will inure to the benefit of the creditor when in Article 1187, there is no retroactivity as to the fruits? Please help.

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kyme207


Arresto Menor
• Presupposes the happening of a suspensive condition.
• The effect of a conditional obligation to give retroacts to the day of the constitution of the obligation.
o The efficacy of the obligation is merely suspended or held in abeyance until the condition is fulfilled.
• Resolutory condition – the fulfillment of the event extinguishes the obligation; hence retroactivity is not relevant.

Situations contemplated:
1. Reciprocal obligations – the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated.
• Fruits on the object of prestation (from debtor) and the interest on the payment (from creditor) incurred during the pendency of the condition need not be delivered.



2. Unilateral obligations – the debtor or obligor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same is different.
• Any fruits or interests incurred by the object of prestation shall belong to the obligor, prior to the fulfillment of the condition.

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kyme207


Arresto Menor
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Last edited by kyme207 on Mon Mar 24, 2014 7:15 pm; edited 1 time in total

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kyme207


Arresto Menor
The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal prestations upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. If the obligation is unilateral, the debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different.

In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.

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