What is an obligation with a Potestative condition?
An obligation which is subject to a purely potestative condition means that the condition will be fulfilled only if the obligated party chooses to do so.
What is Article 1182 all about?
Art. 1182. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code.
What are the kinds of condition?
There are three different forms of conditions. These are: Conditions precedent. Conditions concurrent, and.
Does Potestative condition affect the obligation?
Potestative conditions do not create obligations at all, impose no duty on the parties, and for this reason are invalid as clauses in a contract. They are at odds with the basic characters of a contract. In consequence, a potestative condition, even though written into a contract, is void and without effect.
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.
Is Potestative condition valid?
What is condition in obligation?
A conditional obligation is one dependent on an uncertain event. If the obligation may not be enforced until the uncertain event occurs, the condition is suspensive. If the obligation may be immediately enforced but will come to an end when the uncertain event occurs, the condition is resolutory.
What is expressed condition?
a statement in a legal agreement that says that something must be done or exist in order for something else to happen: His offer includes the express condition that he be paid $2 million if the company agrees to his bid and the transaction later collapses.
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 …
Are all obligations with Potestative condition considered void?
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. A potestative condition depends upon the exclusive will of one of the parties. For this reason, it is considered void.
What are the distinctions between suspensive and resolutory conditions?
What is a Resolutive condition? Whereas the fulfillment of a suspensive condition breathes life into otherwise inoperative rights and obligations, the fulfillment of a resolutive condition ends the existence of rights and obligations (or the entire contract).
What is a potestative condition?
Potestative condition, the fulfillment of which depends exclusively upon the will of the debtor, in which case, the conditional obligation is void. If it pertains to the performance of the obligation and not on the birth of the perfected contract it shall affect only such provision and not the entire stipulations. Thus, the SC held as follows:
Which obligation is subject to a purely potestative condition?
An obligation which is subject to a purely potestative condition means that the condition will be fulfilled only if the obligated party chooses to do so.
What is the difference between potestative condition and casual condition?
Potestative condition- one which depends upon the will of one of the contracting parties. “ I promise to give you P1,000, if you build a house for me in three months. Casual condition- depends exclusively upon chance or other factors (upon the will of a third person), and not upon the will of the contracting parties.
What is a purely potestative condition under Belgian law?
Under Belgian law, contractual obligations which are subject to a purely potestative condition are null (Article 1174 of the Belgian Civil Code, hereafter “CC”). An obligation which is subject to a purely potestative condition means that the condition will be fulfilled only if the obligated party chooses to do so.