- Statute
- Philippine Civil Code
- Article
- Art. 1190
- Topic
- Different Kinds of Obligations
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE I Obligations
- Chapter
- CHAPTER 3 Different Kinds of Obligations
- Formerly
- Art. 1123 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
When the conditions have for their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said conditions, shall return to each other what they have received. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return. As for the obligations to do and not to do, the provisions of the second paragraph of article 1187 shall be observed as regards the effect of the extinguishment of the obligation. (1123)
Intellegal Wiki · In plain terms
When a fulfilled condition is meant to extinguish an obligation to give, the parties must return to each other whatever they received, unwinding the deal. Loss, deterioration, or improvement of the thing is handled under the rules applied to a debtor in the preceding article, while obligations to do or not to do follow the second paragraph of Article 1187.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Mactan-Cebu International Airport Authority v. Benjamin Tudtud G.R. No. 174012