Selected Cases by Article & Issues
Article 5.3.10 Cases
A contract or a contractual obligation may be made conditional upon the occurrence of a future uncertain event, so that the contract or the contractual obligation only takes effect if the event occurs (suspensive condition) or comes to an end if the event occurs (resolutive condition).
| Number | Issue | # Cases |
|---|---|---|
| 1 | Scope of section | |
| 1.1 | Conditions imposed by law not covered | |
| 2 | Notion of condition | |
| 2.1 | Future uncertain event | |
| 2.1.1 | As distinct from future certain event (“term”) | |
| 2.1.2 | As distinct from contract provision specifying parties’ obligations | |
| 2.2 | Suspensive condition (“condition precedent”) | |
| 2.3 | Resolutive condition (“condition subsequent”) | |
| 2.4 | Condition entirely dependent on will of obligor | |
| 2.5 | “Closing” |