Question
A potestative condition depends upon the exclusive will of one of the parties. For this reason, it is considered void. Article 1182 of the New
A potestative condition depends upon the exclusive will of one of the parties. For this reason, it is considered void. Article 1182 of the New Civil Code states: When the fulfillment of the condition depends upon the sole will the debtor, the conditional obligation shall be void.
The answer will be based on the Article above.
The question is, A owned a house rented by B. A sold the house to C, and C agreed to pay the balance of the price as soon as B leaves the premises. C was to take care of seeing to it that B vacated the house. A now says the contract is void because it is potestative on C's part. AGREE OR DISAGREE, WHY?
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Managerial Economics A Problem Solving Approach
Authors: Luke M. Froeb, Brian T. McCann, Mikhael Shor, Michael R. War
3rd edition
978-1133951483
