Statute
Civil Code
Article
Art. 1189
Topic
Different Kinds of Obligations
Book
BOOK IV Obligations and Contracts
Title
TITLE I Obligations
Chapter
CHAPTER 3 Different Kinds of Obligations
Formerly
Art. 1122 of the old Civil Code
Year
1949

The provision

When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished; (2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered; (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor; (4) If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case; (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor; (6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary. (1122)

Cases applying this article

Related provisions in this Chapter

Civil Code, Art. 1189 is found in CHAPTER 3 Different Kinds of Obligations of TITLE I Obligations of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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