Duhaime's Law Dictionary


Potestative Condition Definition:

A condition made in a contract the fulfillment of which is entirely in the control of one of the parties to the contract.

In his book on civil law, Louisiana judge William Howe wrote:

“A potestative condition is one which is in the power of the party in whose favor the obligation is contracted, as if I engage to pay my neighbour a sum of money provided he will cut down a tree on his land which obstructs my view.”

French: condition potestative.

REFERENCES:

  • Howe, W., Studies in the Civil Law (Littleton, Colorado: Fred B. Rothman & Co., 1980), page134

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