Chapter Third: Effects of a Suspensive Condition

Article 93

An obligation subject to a suspensive condition shall not be susceptible to compulsory enforcement, nor to voluntary enforcement, nor to prescription, as long as the condition remains pending, provided that the creditor may perform certain precautionary measures, including notably the registration, where applicable, of the mortgage securing his debt, the request for the application of the seal and the placement of seals, and the establishment of records and inventories. Art. 93

Article 94

Article 94 - An obligation subject to a suspensive condition that is still pending is transferable, whether specifically or universally.

Article 95

Article 95 - A conditional obligor may not, prior to the occurrence of the condition, perform any act that would prevent or make it more difficult for the creditor to exercise their rights if the condition were to occur. After the occurrence of the suspensive condition, the acts performed by the obligor during the intervening period are resolved insofar as they could cause harm to the creditor, except for the rights regularly acquired by third parties in good faith.

Article 96

Art. 96 - When there is a suspensive condition and the thing that is the object of the obligation perishes or deteriorates before the fulfillment of the condition, the following rules apply: If the thing has perished entirely without the act or fault of the debtor, the fulfillment of the condition remains without effect, and the obligation shall be considered as not having occurred. If this obligation arose from a synallagmatic contract, the thing is at the risk of the debtor, in the sense that he cannot demand from the creditor the execution of the corresponding performance. If the thing has deteriorated or depreciated without the act or fault of the debtor, the creditor must receive it in the state in which it is found, without reduction in price. If the thing has perished entirely due to the fault or act of the debtor, the creditor is entitled to damages. If the thing has been deteriorated or depreciated due to the fault or act of the debtor, the creditor has the choice of either receiving the thing in the state in which it is found or terminating the contract, without prejudice in both cases to his right to damages, if applicable. All of the above, unless otherwise stipulated by the parties.

Article 97

Article 97 - A condition resolutoire does not suspend the performance of an obligation: it only obliges the creditor to return what he has received if the condition is fulfilled. He shall be liable for damages in the event that he cannot make this restitution due to a cause for which he must answer. He shall not return fruits and accrements; any stipulation that would oblige him to return fruits is null.

Article 98

Article 98 - The rule established in Article 95 & 2 applies to obligations under a resolutive condition, with regard to acts performed by the person whose rights must be resolved upon the occurrence of the condition, and except for rights regularly acquired by good faith third parties.

Article 99

Article 99 - Upon realization of the resolutive condition, the acts performed by the creditor during that period are annulled, except for administrative acts which remain in force regardless.