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    PAtente Vs Omega Digest

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    Jasielle Leigh Ulangkaya
    The document discusses a case where a man sold agricultural land to a woman under an agreement that allowed him to repurchase the land. He signed a promissory note to pay his debt but did not specify a timeframe for payment, instead saying he would pay 'as soon as possible' or when he had money. The court held that this conditional term of payment depending solely on the debtor's will was invalid and the creditor could ask the court to set a payment term.

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    PAtente Vs Omega Digest

    Uploaded by

    Jasielle Leigh Ulangkaya
    453 views1 page
    The document discusses a case where a man sold agricultural land to a woman under an agreement that allowed him to repurchase the land. He signed a promissory note to pay his debt but did not specify a timeframe for payment, instead saying he would pay 'as soon as possible' or when he had money. The court held that this conditional term of payment depending solely on the debtor's will was invalid and the creditor could ask the court to set a payment term.

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    Digest

    Original Title

    PAtente vs Omega Digest

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    The document discusses a case where a man sold agricultural land to a woman under an agreement that allowed him to repurchase the land. He signed a promissory note to pay his debt but did not specify a timeframe for payment, instead saying he would pay 'as soon as possible' or when he had money. The court held that this conditional term of payment depending solely on the debtor's will was invalid and the creditor could ask the court to set a payment term.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    453 views1 page

    PAtente Vs Omega Digest

    Uploaded by

    Jasielle Leigh Ulangkaya
    The document discusses a case where a man sold agricultural land to a woman under an agreement that allowed him to repurchase the land. He signed a promissory note to pay his debt but did not specify a timeframe for payment, instead saying he would pay 'as soon as possible' or when he had money. The court held that this conditional term of payment depending solely on the debtor's will was invalid and the creditor could ask the court to set a payment term.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ARTICLE 1182 PATENTE V.

    OMEGA (93 SCRA 218)

    FACTS: OMEGA sold his agricultural land to PATENTE, under a pacto de retro sale. OMEGA executed a
    promissory note promising to pay his indebtedness amounting to 1,600 pesos , to her, her heirs,
    assigns and successors as soon as possible or as soon as he has the money. That, he will pay the whole
    amount before he exercises his right of repurchase of his agricultural land. On the promissory note,
    no definite term is fixed, its performance appearing to be at the will of the debtor.

    ISSUE: If the term of payment of ‘as soon as possible or as soon as I have money’ set by the debtor is
    invalid condition.

    HELD: Yes. Where the potestative condition of an obligation depends solely upon the will of the
    debtor, the condition obligation shall be void. The remedy of the creditor in such a case is to go to
    court to ask for fixing the term of payment.

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