Philippine Bar review · Question

Practice question: Conditional; Kinds of Conditions

Multiple Choice Hard

Practice question

A debtor promises payment if a supplier approves a specified project. The debtor then deliberately intercepts the approval request solely to prevent the agreed event, although approval otherwise would have occurred. The debtor invokes nonapproval as a defense. Which answer follows Article 1186?
  1. The deliberate obstruction necessarily defeats the creditor
  2. The condition is deemed fulfilled because the obligor voluntarily prevented it
  3. Every third-party condition is void from inception
  4. The creditor must personally take over the supplier
  5. The debtor may choose any replacement condition

Legal references

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

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