Despre obligaţia afectată de o condiţie pur potestativă

Prof. univ. dr. VICTOR BABIUC

ABSTRACT

The modalities of the obligations, the time limit and the condition, are of several types and with different legal regimes (Articles 1004-1025 of the former Civil Code, respectively Articles 1399-1420 of the new Civil Code). The legal regime of these modalities is generally known by jurists, the modalities being frequently encountered both in the domestic and international commercial activity, as well as in the judicial practice and in the arbitration one.

We do not intend to examine the legal regime of these modalities, with problems too rich for a simple review study, but only to question the purely potestative condition (Article 1009 of the former Civil Code and Article 1403 of the new Civil Code), which, as a rule, does not produce legal effects. However, there are, admittedly, rare cases in which such a condition still produces legal effects. We encountered such a case on the occasion of...