Obligations and Contracts: ARTICLE 1183

ARTICLE 1183. Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.

The condition not to do an impossible thing shall be considered as not having been agreed upon. (1116a)

Article 1183 refers to suspensive conditions. It applies only to cases where the impossibility already existed at the time the obligation was constituted. If the impossibility arises after the creation of the obligation, Article 1266 governs.

Two kinds of impossible conditions

1.   Physically impossible conditions. — when they, in the nature of things, cannot exist or cannot be done; and

2.   Legally impossible conditions. — when they are contrary to law, morals, good customs, public order, or public policy.

Effect of impossible conditions

1.   Conditional obligation void — Impossible conditions annul the obligation which depends upon them.4 Both the obligation and the condition are void. The reason behind the law is that the obligor knows his obligation cannot be fulfi lled. He has no intention to comply with his obligation.

2.   Conditional obligation valid — If the condition is negative, that is, not to do an impossible thing, it is disregarded and the obligation is rendered pure and valid. (par. 2.) Actually, the condition is always fulfilled when it is not to do an impossible thing so that it is the same as if there were no condition. The negative condition may be not to give an impossible thing.

3.    Only the affected obligation void — If the obligation is divisible, the part thereof not affected by the impossible condition shall be valid.

4.   Only the condition void — If the obligation is a pre-existing obligation, and, therefore, does not depend upon the fulfillment of the condition which is impossible, for its existence, only the condition is void.