Volume 109, Issue 42
Royal Gazette
8 April 2535
to be subject to no condition, when the condition is subsequent.
As long as a party is not aware that the condition has already been fulfilled according to paragraph 1 or will never be fulfilled according to paragraph 2, the party still has the rights and duties according to section 184 and section 185.
Section188.When any juristic act is subject to a condition which is contrary to the law or to public order or good morals, the juristic act is void.
Section189.When any juristic act is subject to a condition precedent and such condition is impossible, the juristic act is void.
When any juristic act is subject to a condition subsequent and such condition is impossible, the juristic act shall be deemed to subject to no condition.
Section190.When any juristic act is subject to a condition precedent and whether or not such condition will be fulfilled depends upon the will of the obligor's party, the juristic act is void.
Section191.When any juristic act has a starting time designated for it, the performance of such juristic act shall not be demanded before the arrival of the designated time.
When any juristic act has an ending time designated for it, such juristic act becomes inoperative upon the arrival of the designated time.
Section192.A starting or ending time shall be presumed in the first place to have been designated for the benefit of the obligor's party, save where it appears from the contents of the instrument or from the circumstances of the case that it is intended to be for the benefit of the obligee's party or of both parties mutually.
If such a time benefits any party, the party may waive the benefit when it does not affect the benefit which the other party should obtain from the time.
Section193.In the following cases, the obligor's party shall not enjoy the benefit of a starting or ending time:
(1)the obligor has been ordered absolute receivership by a court in accordance with a law regarding bankruptcy;
(2)the obligor fails to provide security when he is required to provide it;
(3)the obligor has destroyed or diminished the security provided;
(4)the obligor provides property of another person as security without the consent of the owner of such property.
