What is Potestative condition?
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 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 the meaning of Potestative?
: having power or authority : potent.
What is mixed condition?
Mixed condition is when the fulfilment of the condition depends partly upon the will of a party to the contract and partly upon chance and/or will of a third person.
Is casual condition valid?
Casual Condition This is a valid condition as it depends upon chance.
When the obligation is Potestative and suspensive of the part of the creditor the obligation is valid?
If the CONDITION is POTESTATIVE and the FULFILLMENT depends EXCLUSIVELY upon the WILL of the CREDITOR, the CONDITIONAL OBLIGATION shall be valid. If the CONDITION is CASUAL and its fulfillment DEPENDS upon CHANCE and/or upon the WILL of the 3rd person, the obligation shall be valid.
What is casual condition example?
Casual condition may be viewed in two aspects: depends upon chance or depends upon the will of a third person. Example, X obliges himself in favor of Y to give Php10,000 to Y if he wins a case in the Supreme Court. In this example the condition is subject to the will of a third person. Hence, it is a casual condition.
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 is mixed condition in law?