A potestative condition is a condition, the fulfillment of which depends upon the sole will of the debtor, in which case, the conditional obligation is void.
What is a Potestative condition example?
To clarify by way of an example: the obligation of a borrower to repay a loan subject to the willingness of the borrower to finish constructing a house, will be considered to be a purely potestative condition. The borrower can choose never to finish constructing the house, and never to repay the loan.
What is a condition in legal terms?
Conditions. A condition is a stipulation essential to the main purpose of the contract, the breach of which gives the right to repudiate the contract and to claim damages.
What is Potestative Resolutory condition?
: a condition whose fulfillment was completely within the power of the obligated party NOTE: article 1770 of the louisiana civil code eliminates the term potestative condition, stating that suspensive conditions which depend on the whim of the obligated party make the obligation null, and that resolutory conditions …
What is the meaning of Potestative?
: having power or authority : potent.
What is the difference between a Potestative condition from a casual condition?
A potestative condition is that which is in the power of the person in whose favor it is contracted. E.g., if I engage to give my neighbor a sum of money, in case he cuts down a tree which obstructs my prospect. A casual condition is one which depends altogether upon chance, and not in the power of the creditor.
What is Potestative suspensive condition?
A potestative condition is a condition suspensive in nature and which depends upon the sole will of one of the contracting parties.[1] The first part of Article 1182 talks about the condition that is potestative to the debtor and, at the same time, suspensive.[2] The obligation is void when the condition is both …
What is casual condition?
A casual condition is one which depends upon a chance. A casual condition is not within the control of either party to a contract. The casual condition is that which depends on chance, and in no way in the power either of the creditor or of the debtor.
What does condition mean in grammar?
situation or circumstance
The word “condition” means “situation or circumstance”. If a particular condition is true, then a particular result happens: if y = 3 then 2y = 6.
What are the types of condition?
The types of conditions in a contract can vary, but common ones are conditions precedent, conditions concurrent and conditions concurrent.
- What Is a Condition in a Contract?
- Condition Precedent.
- Condition Concurrent.
- Condition Subsequent.
- Why Add Conditions to Your Contract?
- What Is a Breach of Contract?
What is a potestative condition in French law?
(211) In this connection, French law voids contracts subject to so-called potestativeconditions, (212) which condition the validity of an agreement on the occurrence of an event that one of the contracting parties has the unilateral power to make occur or prevent.
What is the dictionary definition of potestative?
Define Potestative. Potestative synonyms, Potestative pronunciation, Potestative translation, English dictionary definition of Potestative. a. 1. Authoritative.
What is the legal definition of a condition?
Legal Definition of condition. Note: Article 1770 of the Louisiana Civil Code eliminates the term potestative condition, stating that suspensive conditions which depend on the whim of the obligated party make the obligation null, and that resolutory conditions which depend on the will of the obligated party must be fulfilled in good faith.
What is the meaning of good condition?
1 : state of physical fitness or readiness for use The car was in good condition. 2 : something agreed upon or necessary if some other thing is to take place You can come on the condition that you behave. 3 conditions plural : the way things are at a certain time or in a certain place His body had adjusted … to the heat and harsh conditions.
