What is a potestative condition?
The first part of Article 1182 of the Civil Code of the Philippines discusses the concept of potestative condition, to wit:
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 potestative and suspensive to the debtor because it creates illusory obligations. Moreover, if the condition is resolutory and subject to the will of the debtor, the obligation is not illusory because the debtor is naturally interested in the fulfillment of the resolutory condition.[3] Remember that the fulfillment of a resolutory condition extinguishes the obligation.[4]
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. (1115)
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 potestative and suspensive to the debtor because it creates illusory obligations. Moreover, if the condition is resolutory and subject to the will of the debtor, the obligation is not illusory because the debtor is naturally interested in the fulfillment of the resolutory condition.[3] Remember that the fulfillment of a resolutory condition extinguishes the obligation.[4]
[1] De Leon. (2014). Obligations and Contracts.
[2] Rabuya. (2019). Obligations and Contratcs.
[3] Id.
[4] What is a resolutory condition? (projectjurisprudence.com)
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