Philippine Bar review · Question

Practice question: Conditional; Kinds of Conditions

Multiple Choice Hard

Practice question

A contract contains two divisible payment undertakings. One is independent and lawful; the other depends on a prohibited condition. The debtor argues that Article 1183 necessarily destroys both undertakings. Which conclusion is correct?
  1. Every divisible lawful part must fail too
  2. The part unaffected by the impossible or unlawful condition remains valid if the obligation is divisible
  3. The unlawful condition must always be enforced
  4. The creditor automatically receives double payment
  5. Divisibility is legally irrelevant

Legal references

  • Civil Code Articles 1179 and 1181–1190: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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