What is Potestative condition in law?
What is Potestative condition in 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. 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 Potestative?
obsolete. : having power or authority : potent.
What is purely Potestative condition is valid?
An obligation which is subject to a purely potestative condition means that the condition will be fulfilled only if the obligated party chooses to do so. However, should the obligation to repay also be subject to other conditions that are not purely potestative, the underlying obligation remains enforceable.
What does obligated mean in law?
The popular meaning of the term “Obligation” is a duty to do or not to do something. In its legal sense, obligation is a civil law concept. The person or entity who was liable for the obligation is called obligor; the person or entity who holds the correlative right to an obligation is called obligee.
What is Potestative Resolutory condition?
: a condition whose fulfillment was completely within the power of the obligated party NOTE: article 1770 of the louisiana civil code eliminates the term potestative condition, stating that suspensive conditions which depend on the whim of the obligated party make the obligation null, and that resolutory conditions …
Is a Potestative Resolutory condition void?
POTESTATIVE CONDITION 1182 is applicable only to a suspensive condition. Hence, if the condition is resolutory and, at the same time, potestative, the obligation, as well as the condition, is valid even though the fulfillment of the condition is made to depend upon the sole will of the obligor or debtor.
What are the elements of obligation in law?
Every obligation has four essential elements: an active subject; a passive subject; the prestation; and the legal tie. The ACTIVE SUBJECT is the person who has the right or power to demand the performance or payment of the obligation. He is also called the obligee or the creditor.
What’s the difference between obliged and obligated?
Obligated has legal and moral aspects, while obliged does not always. Obliged can also have a meaning similar to grateful.
What is the legal definition of A potestative condition?
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 the meaning of potestative in French law?
(211) In this connection, French law voids contracts subject to so-called potestative conditions, (212) which condition the validity of an agreement on the occurrence of an event that one of the contracting parties has the unilateral power to make occur or prevent.
What is the potestative condition law 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.
Where does the word potestative come from in Latin?
From post-classical Latin potestativus relating to power (late 2nd or early 3rd century in Tertullian), having power or authority (frequently from 1086 in British sources) from classical Latin potestāt-, potestās + -īvus.
