A resolutive condition refers to a requirement that must be fulfiled in order for a promise or obligation to be terminated. For instance, if someone pledges to pay for a service but the service is not carried out, the obligation to pay becomes invalid. It can also pertain to a condition stated in a contract that must be satisfied for the contract to be fulfiled.
A resolutive condition is an uncertain event that, when it occurs, ends an existing obligation and returns the parties to their original positions. It is a type of condition in a contract that cancels the duty to perform a promised action. For instance, if someone promises to pay $500 to another person for fixing their car, the failure of the repair (an implied or constructive condition) releases the person from the promise to pay. In a buyer-seller contract, a resolutive condition may allow the seller to terminate the contract and keep the goods if the buyer fails to make the payment. Similarly, a lease agreement may include a resolutive condition that enables the landlord to terminate the lease and evict the tenant if the rent is not paid. These examples demonstrate how a resolutive condition can end an existing obligation and restore the parties to their original positions. If the condition is not met, the obligation remains enforceable.
A resolutive condition is a condition that, when fulfilled, terminates or cancels a legal obligation or contract.
A suspensive condition suspends the effects of a legal obligation or contract until the condition is fulfilled, while a resolutive condition terminates the obligation or contract once the condition is met.
Yes, a resolutive condition can be implied in a contract if the parties’ intentions suggest that the contract will be terminated upon the occurrence of a specific event or condition.
If a resolutive condition is not fulfilled, the legal obligation or contract will continue to be in effect and will not be terminated.
Yes, parties to a contract can agree to waive or modify a resolutive condition if they mutually consent to do so. This typically requires a written agreement or an amendment to the original contract.
Resolutive conditions must not be contrary to law, public policy, or good morals. If a condition violates any of these principles, it may be deemed invalid or unenforceable.
Yes, a resolutive condition can be challenged in court if one party believes that the condition is unfair, unreasonable, or invalid. The court will evaluate the circumstances and determine the validity and enforceability of the condition.
If a resolutive condition is fulfilled after the contract has been performed, it may still have retroactive effects, terminating the contract from its inception. However, the specific outcome will depend on the applicable laws and the court’s interpretation.
Yes, a resolutive condition can be included in various types of contracts, such as sales contracts, lease agreements, employment contracts, and partnership agreements, among others.
To ensure that a resolutive condition is properly included in a contract, it is advisable to seek legal advice from a qualified attorney who can draft or review the contract to ensure that the condition is clearly stated, enforceable, and in compliance with applicable laws.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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