Suspensive Condition Fulfillment Deadline Dispute
Synthèse Legislator
Généré par l'IAA party, having contracted to purchase property with the stipulation that the sale would be executed only after obtaining the necessary administrative authorization, sought to compel the seller to execute the deed after the authorization was obtained, but the seller refused, claiming the contract was null due to the condition precedent not being met within a reasonable time. The court rejected the appeal, reasoning that when a contract is made subject to a suspensive condition precedent that depends on the will or action of only one of the contracting parties, the other party cannot unilaterally set a specific deadline for the fulfillment of that condition unless such a time limit was explicitly agreed upon or implied in the nature of the contract, thus upholding the principle that the seller was not obligated to act absent a fixed term.
Regeste Legislator
Généré par l'IASuspensive Condition Fulfillment Deadline Dispute: The court rejected the appeal, reasoning that when a contract is made subject to a suspensive condition precedent that depends on the will or action of only one of the contracting parties, the other party cannot unilaterally set a specific deadline for the fulfillment of that condition unless such a time limit was explicitly agreed upon or implied in the nature of the contract, thus upholding the principle that the seller was not obligated to act absent a fixed term.