Post by account_disabled on Nov 12, 2023 4:54:46 GMT
This provision applies when a party s with a directional intention. The case law indicates that Art. standard of the Civil Code penalizes the unfair conduct of a contror who, contrary to the principles of honesty and good faith, and therefore in a reprehensible manner, leads by his ion omission to a situation in which the event constituting the fulfillment of the condition does not occur. Such a course of ion, by the will of the legislator, is met with a kind of civil penalty in the form of assuming, on the basis of legal fiction, a situation identical to that if the condition had been fulfilled cf. Judgment of the Court of Appeal in Kraków - st Civil Division of July.
The condition construction used by professionals means that failure to fulfill the condition renders the obligation to conclude a sales contr ineffective. The stipulation of a contrual penalty is related to the situation in which the sales contr could have been concluded, i.e. in the event of the fulfillment philippines photo editor of the specified conditions or in the event of an ion by the defendant that prevented the fulfillment of these conditions under Article of the Civil Code . This reservation therefore applies only to the situation in which the final agreement could objectively have been concluded within the maximum period.
But despite this the agreement was not concluded for reasons attributable to the defendant cf. Judgment of the Court of Appeal in Kraków - st Civil Division of May , , I . Impossible condition An impossible condition, as well as a condition contrary to the or the principles of social coexistence, entails the invalidity of the legal if it is suspensive; it is considered unreserved when it is dissolving cf. art. of the Civil Code.
The condition construction used by professionals means that failure to fulfill the condition renders the obligation to conclude a sales contr ineffective. The stipulation of a contrual penalty is related to the situation in which the sales contr could have been concluded, i.e. in the event of the fulfillment philippines photo editor of the specified conditions or in the event of an ion by the defendant that prevented the fulfillment of these conditions under Article of the Civil Code . This reservation therefore applies only to the situation in which the final agreement could objectively have been concluded within the maximum period.
But despite this the agreement was not concluded for reasons attributable to the defendant cf. Judgment of the Court of Appeal in Kraków - st Civil Division of May , , I . Impossible condition An impossible condition, as well as a condition contrary to the or the principles of social coexistence, entails the invalidity of the legal if it is suspensive; it is considered unreserved when it is dissolving cf. art. of the Civil Code.