Condiciones casuales and potestativae
To return to our original example: "Si Titius consul factus merit" was a paradigm of what came to be referred to as a condicio casualis;[3686] whether or not the promise became effective was dependent upon an event that was in principle outside the control of either of the parties.
Satisfaction of the condition could, however, also depend on the stipulator's (i.e. the potential creditor's) will. A promise of the type "Si in Capitolium ascendero, quinque aureos dare spondes? Spondeo" was perfectly sound; the obligation to hand over the money was subject, in these cases, to a (suspensive) condicio "potestativa". Not admissible, on the other hand, were conditions turning upon an event that was wholly in the control of the promisor.[3687] A promise such as "Si in Capitolium ascenderis, quinque aureos dare spondes? Spondeo" was tantamount to "Si volueris, quinque aureos dare spondes? Spondeo"; it obviously lacked one of the essential ingredients of a legally recognizable promise, namely the will to be bound.5.
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