Indicated that: The fulfillment of a condition has no retroactive effect, unless otherwise stated cf. art. of the Civil Code ; The conditionally entitled person may perform any activities aimed at maintaining his/her rights cf. art. of the Civil Code . So what is the condition referred to in the above provisions First of all, it is a contractual stipulation (contractual provision), which consists in introducing into the content of a legal act (contract) a provision according to which the creation or cessation of.
The effects of this act will depend on a future and uncertain event. Terms are often defined as the elements of the content of the phone number list contractual relationship, the rights and obligations of one or both parties arising from a given legal act, included in the provisions of the contract. The decision of the Supreme Court indicated that it is permissible - in principle - to perform a legal act containing a on the exercise of the power or will of the party performing the obligation, and the event dependent on the behavior of the party may.
Consist in the fulfillment or non-performance of the obligation cf. Decision of the Supreme Court of judges of March , , ref. no. file III CZP / . IMPORTANT - in the light of the provisions of Art. of the Civil Code, the condition is a future and uncertain event. A future event is an event that has not yet occurred at the time of the legal transaction. A contrario, a future event cannot be an event that occurred in the past or at the time of performing a legal act. In turn, an uncertain event must be a future event (in order to be considered a condition) and this means that it is unknown as to the legal act and whether it will occur.