What is a Resolutive condition in a contract?
A resolutive condition is an arrangement between the parties that an agreement will end in the event of certain circumstances. Example: the contract can be terminated when a licence for use of a catering establishment is withdrawn.
What is Resolutive condition example?
What are Resolutive conditions?
What is the difference between suspensive and Resolutory condition?
What is Resolutive time clause?
What is impossible condition?
Impossible condition is a condition precedent or subsequent in a contract which, at the time when the contract is entered into, purports to bind a party to do that which is absolutely impossible in itself.
What is Incidentalia?
Incidentalia are terms that the parties include in the contract over and above naturalia, for example, in a contract of sale the parties may make special arrangements with. regard to delivery.
What is conditional obligation in law?
A conditional obligation is one the fulfillment of which is a subject to a certain condition which may be an event, which may or may not happen. It could be suspensive or resolutory. A suspensive condition is a future or uncertain event, the happening of which give birth to the obligation.
What is meant by conditional 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 does Lex Commissoria mean?
Definition of lex commissoria
Roman & civil law. : a penalty clause for nonperformance of a contract: such as. a : a provision that a pledge shall be forfeited if a loan is not repaid. b : a condition that money paid on a contract of sale shall be forfeited and the sale rescinded if remaining payments are defaulted.
What is a third conditional?
The third conditional is used to express the past consequence of an unrealistic action or situation in the past. For example, If he had studied harder, he would have passed the exam.
What is loss of the thing due?
Article 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.
What is a naturalia?
Naturalia are terms which the law attaches to every contract of a particular class. Naturalia help to determine the rights and duties of the contracting parties as well as the effects and consequences of the obligations. The operation of the naturalia may be excluded by the parties by way of an agreement.
What is essentialia in law?
The essentialia of a contract are the essential terms that must be present in order for that particular type of contract to exist. For example, the essentialia of a sale contract are: a specified price, a specified object of sale, and the intention to sell and purchase.
What is a Resolutive condition in a contract?
A resolutive condition is an arrangement between the parties that the agreement of sale will terminate on the happening of a certain future event. Unlike with a suspensive condition, the agreement is immediately binding with all the rights and obligations contained therein from the day of conclusion thereof.
What is casual condition?
A casual condition is one which depends altogether upon chance, and not in the power of the creditor.
What is period in law?
Period means the entire term of the agreement.
What are the kinds of loss in law?
Kinds of Loss Loss in civil law may be: 1) Physical loss – When it perishes (as when a house is burnt to ashes) 2) Legal loss – When it goes out of commerce (as when the object before is un-prohibited becomes prohibited) 3) Civil loss – When disappears in such a way that its existence is unknown (as when a particular …
What is the meaning of modus?
Definition of modus
1 : the immediate manner in which property may be acquired (as by occupation or prescription) or the particular tenure by which it is held. 2 plural moduses : a customary mode of tithing by composition instead of by payment in kind still took his tithe pig or his modus— George Eliot.
What is a Pactum Antichresis?
The pactum antichreseos or antichresis first made its appearance towards the end of the Roman classical period as a variation to the typical pignus or pledge arrangement (Gardiol J van Niekerk ‘Instances of security in ancient African law with Roman equivalents’ (2006) 12 Fundamina 148 at 159).
How do you change a sentence to a conditional sentence?
Use a comma after the if-clause when the if-clause precedes the main clause. If I’d had time, I would have cleaned the house. If the main clause precedes the if-clause, no punctuation is necessary. I would have cleaned the house if I’d had time.