1. The nature of suspensive conditions
"[S]i Titius consul factus fuerit, quinque aureos dare spondes?":[3657] this is a typical example of a suspensive condition, added, in this instance, to a stipulation.[3658] The promisor had to give the ten aurei only once Titius had become consul.
For the time being, he was not yet under any obligation to pay; whether, in fact, such an obligation would ever arise was quite uncertain; for, after all, Titius might never be elected consul. Essential for the conditional nature of the promise was thus the fact that its operation depended upon a future uncertain event. If the "si" clause related to a past event or to the present time, the characteristic state of pendency was lacking: for though the parties concerned might not yet be aware of it, it was immediately determinable from an objective point of view whether or not the promised sum had to be paid. "Si Titius consul fuit, [centum] dare spondes?"[3659] and, "Si rex Parthorum vivit, centum mihi dari spondes?"[3660] are promises falling into these two categories. If Titius had in fact been consul, or if the king of the Parthians was still alive, the promise was instantly effective.[3661] If, on the other hand, Titius had never held the coveted office, or if the foreign sovereign had already died, it could at once be said that the promise would never become effective, and the result was therefore "nihil valet stipulatio".[3662] The "si" clauses did not, under these circumstances, constitute conditions.[3663] If the event upon which the promise was made dependent did in fact lie in the future, but was not uncertain ("Decern aureos primis kalendis Martiis dare spondes"?),[3664] there was a state of pendency, but we are dealing here with a time clause, not with a condition. Occasionally, incidentally, an obligation was not regarded as conditional, even though it was subject to an event both future and uncertain. This was the case where the clause in question had merely explicitly stated one of the requirements upon which the validity of the transaction depended anyway. The execution of a will in the following terms: "Titius heres esto. si Titius hereditatem meam adierit, Maevio decern dato" was one example.[3665] It was a matter of course that Titius had to become heir before he could be obliged to pay the legacy often to Maevius. The "si" clause was thus "supervacua" and was treated pro non scripta; it was usually referred to as a (mere) condicio iuris — a "condition" imposed by law rather than by the testator.[3666]2.
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- Interpretation of conditions
- Economic conditions
- Living conditions in Rome
- Impossible, illegal and immoral conditions
- The nature of Directives
- The nature of lease
- The nature of the remedies available
- Economic Conditions
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- Economic conditions
- RESOLUTIVE CONDITIONS
- Conditions contra bonos mores and late classical jurisprudence