Resolutory and Suspensive conditions

Resolutory and Suspensive conditions, Whimsical condition, Potestative condition

See Whimsical condition – Potestative condition

A condition is suspensive if the CONDITIONAL OBLIGATION may not be enforced until the uncertain event occurs, and is similar in some ways to a condition precedent. See CONVENTIONAL OBLIGATION-ALEATORY CONTRACT. If the obligation may be immediately enforced but will come to an end when the uncertain event occurs, the condition is resolutory, similar in some respects to a condition subsequent. A suspensive condition that depends solely upon the whim of the obligor is a whimsical condition. This sort of conditional obligation is null. The expression “potestative condition,” no longer in the Civil Code, meant a condition that makes an obligation depend on an event in the power of one of the parties to bring about or hinder.

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Author: international

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Obligations: Classification.


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