Page 20 - Obligations & Contracts Module 1-2

IRREGULARITY OF PERFORMANCE/BREACH

Rules on loss, impairment, improvement of the subject matter pending the

happening of suspensive condition/ term:

Loss/ Impairment Improvement

Specific performance rescission &

W/ fault or at expense of obligor/ damages - If it improved at the

usufructuary Indemnity & damages expense of the debtor, he/she shall
have no other right than that granted
to the usufructuary. (art 1189)

W/o fault or not at the expense of Creditor to bear damages;

the obligor Extinguished Creditor gets it

Requisites for the aforementioned Rule:

1. There is a suspensive condition

2. There is an obligation to deliver a determinate thing

3. There is loss, deterioration or improvement before the happening of the condition

4. The condition happens