Page 296 - Important Provisions of The New Civil Code
P. 296

Article  1187.  The  effects  of  a  conditional


        obligation to give, once the condition has been


        fulfilled,  shall  retroact  to  the  day  of  the



        constitution  of  the  obligation.  Nevertheless,


        when  the  obligation  imposes  reciprocal


        prestations  upon  the  parties,  the  fruits  and



        interests during the pendency of the condition


        shall  be  deemed  to  have  been  mutually


        compensated. If the obligation is unilateral, the


        debtor shall appropriate the fruits and interests



        received,  unless  from  the  nature  and


        circumstances  of  the  obligation  it  should  be



        inferred  that  the  intention  of  the  person


        constituting the same was different.




        In obligations to do and not to do, the courts


        shall  determine,  in  each  case,  the  retroactive



        effect of the condition that has been complied


        with. (1120)
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