What is 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 Potestative?
Definition of potestative obsolete. : having power or authority : potent.
What is a Potestative obligation?
A potestative condition is a condition suspensive in nature and which depends upon the sole will of one of the contracting parties. The first part of Article 1182 talks about the condition that is potestative to the debtor and, at the same time, suspensive. The obligation is void when the condition is both …
What is Potestative law?
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 Potestative Resolutory condition?
What is Article Potestative condition?
A potestative condition depends upon the exclusive will of one of the parties. For this reason, it is considered void. Article 1182 of the New Civil Code states: When the fulfillment of the condition depends upon the sole will the debtor, the conditional obligation shall be void.
What is a potestative condition in contract law?
If it depends upon chance or upon the will of a third party, the obligations shall take effect in conformity with the provision of this code. Potestative Condition – (Potestas – Power, Authority) it is a condition which one depends upon the will of one of the contracting parties.
What is potestative Constitution?
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.
What is a potestative condition in Louisiana?
Potestative Condition Law and Legal Definition. In civil law, a potestative condition is a condition that will be fulfilled only if the obligated party chooses to do so. This term is no longer used in Louisiana. However, Louisiana courts provide that this type of condition will render the obligation null.
What is a purely potestative imposition?
A purely potestative imposition, such as the one in the Addendum, must be obliterated from the face of the contract without affecting the rest of the stipulations considering that the condition relates to the fulfillment of an already existing obligation and not to its inception.