Chapter First: General Provisions

Article 81

Art. 81 - A condition is a future and uncertain event upon which depends either the birth of the obligation or its extinction, and which produces its effect retroactively, unless the contrary results from the will of the parties or the nature of the obligation. In the first case mentioned in the preceding paragraph, there is a suspensive condition; in the second case, a resolutive condition. A past or current event, even if still unknown to the parties, is not a condition within the meaning of this article.

Article 82

Article 82 - Any condition that is impossible, contrary to good morals or the law, is null and renders null the agreement that depends on it, which is not validated if the condition becomes possible, either materially or legally. However, it is otherwise, and the impossible or illicit condition is simply deemed unwritten when the parties have not attributed decisive importance to it and it has not played a role as an impulsive and determining cause in the conclusion of the operation.

Article 83

Art. 83 - Any provision having the effect of restricting or prohibiting the exercise of rights and faculties belonging to any human being, such as those of marrying or exercising civil rights, is null. This provision does not apply in cases where one party prohibits itself from engaging in a certain profession or industry for a limited time or within a specified area. Furthermore, the condition of widowhood is valid when it finds its justification in legitimate motives whose appreciation is left to the judge.

Article 84

Article 84 - The obligation is null when its very existence depends solely on the obligor's will (purely potestative condition). However, each party or one of them may reserve the right to declare, within a specified period, whether they intend to maintain the contract or terminate it. This reservation cannot be stipulated in recognition of debt, donation, remission of debt, or sale on delivery, known as {selem}.

Article 85

Article 85 - When the deadline is not determined in the case provided for in the preceding article, each party may require the other contracting party to declare its decision within a reasonable time frame. If the deadline expires without the party having declared that it intends to terminate the contract, the agreement becomes final from the moment it was concluded. If, on the contrary, it formally declares to the other party its intention to terminate the contract, the convention is deemed not to have taken place.

Article 86

Article 86 - If the party who reserved the right of rescission dies before the deadline without expressing their will, their heirs have the right to maintain or rescind the contract for the time remaining to their author. In case of disagreement, the heirs who wish to maintain the contract cannot compel others to accept it, but they may take the entire contract as their personal account.

Article 87

Art. 87 - If the party who reserved the right to terminate the contract becomes insane or is affected by another cause of incapacity, the court shall, at the request of the other party or any other interested party, appoint a curator ad hoc (a Latin expression meaning "for this" or "for this purpose", used to appoint an administrator, guardian, judge, curator..., who shall decide, with the court's authorization, whether to accept or terminate the contract, depending on the interests of the incapacitated person. In the event of bankruptcy, the curator is, by law, the syndic or other representative of the estate.

Article 88

Article 88 - When an obligation is contracted subject to the condition that a specific event will occur within a fixed time, this condition is deemed to have failed when the time expires without the event having occurred. The court may not grant any extension of time in such a case. If no deadline has been set, the condition can still be fulfilled; and it is only deemed to have failed when it becomes certain that the event will not occur.

Article 89

Article 89 - When a lawful obligation is contracted subject to the condition that an event will not occur within a specified time, this condition is fulfilled when the time expires without the event occurring; it is also fulfilled if, prior to the term, it is certain that the event will not occur; and, if no specific time is determined, it is only fulfilled when it is certain that the event will not occur.

Article 90

Article 90 - A condition whose fulfillment depends on the cooperation of a third party or an act by the creditor is deemed to have failed when the third party refuses to cooperate or the creditor does not perform the anticipated act, even if the obstacle is independent of their will.

Article 91

Article 91 - A condition is deemed fulfilled when the debtor, bound by a condition, has, without right, prevented its occurrence or is in default of performing it.

Article 92

Article 92 - A condition that has been fulfilled does not have any effect if the event occurred due to the fraud of the person who was interested in it happening.