In the case of obligations to do and not to do, the courts shall in any event determine the retroactive effect of the condition fulfilled. As regards the obligations to do so and not to do so, the provisions of Article 1187(2) shall be complied with as regards the effect of the expiry of the obligation. In the case of conditional obligations, the acquisition of rights, as well as the extinction or loss of rights already acquired, depends on the occurrence of the event constituting the condition. The power to cancel obligations is implied in the event that one of the debtors does not comply with their responsibility. The effects of a conditional obligation to waive as soon as the condition is met apply retroactively to the date on which the obligation arises. However, if the obligation imposes reciprocal conditions on the parties, the fruits and interest shall be deemed to be mutually offset during the period of validity of the condition. If the obligation is unilateral, the debtor appropriates the fruits and interest received, unless it is apparent from the nature and circumstances of the obligation that the intention of the person constituting the obligation was different. If the conditions of their subject matter have the expiration of an obligation of waiver, the parties will return to each other what they have received after fulfilling these conditions. 3. If the article deteriorates through no fault of the debtor, the reduction in value shall be borne by the creditor. 4. If it deteriorates through the fault of the debtor, the creditor may choose between withdrawing from the obligation and performing it, in any event compensation being paid.
If no time limit has been set, the condition shall be deemed to have been fulfilled at the time which, having regard to the nature of the obligation, is likely to have been envisaged. (5) If the element is improved by its nature or by time, the creditor benefits from the improvement. . The creditor may, before fulfilling the condition, bring appropriate actions to safeguard his right. (2) If the object is lost through the fault of the debtor, the debtor shall be liable to pay damages; it is understood that the thing is lost if it perishes or disappears from trade or disappears in such a way that its existence is unknown or cannot be restored. The court shall rule on the withdrawal requested, unless there is a valid reason for setting a time limit. Subject to article 1197, where the debtor undertakes to pay if his resources so permit, the obligation shall be deemed to be an obligation with a time limit. If the conditions have been imposed with the intention of suspending the effectiveness of an obligation to return, in the event of improvement, loss or deterioration of the article during the period of validity of the condition, the following rules must be complied with: Any obligation the performance of which does not depend on a future or uncertain event or an event unknown to the parties in the past, is in demand immediately. This is without prejudice to the rights of third parties who have acquired the article in accordance with Articles 1385 and 1388 and the Mortgage Act. (6) If it is repaired at the expense of the debtor, the debtor has no other right than the right granted to the usufruct. In the event of a condition precedent, the debtor may claim what he inadvertently paid at the same time. In the event of loss, deterioration or improvement of the object, the provisions relating to the debtor in the preceding article shall apply to the party who is required to return it.
The injured party may choose between performance and termination of the obligation, in both cases compensation will be paid. He may also request resignation, even after deciding to do so, should it become impossible. The condition of doing nothing impossible is deemed not to have been agreed. Any obligation containing a condition of dissolution is also recoverable, without prejudice to the effects of the occurrence of the event. Impossible conditions, those contrary to morality or public order, and those prohibited by law, cancel the obligation that depends on it. If the obligation is divisible, the part of it that is not affected by the impossible or illegal condition is valid. If both parties have breached their obligations, the liability of the first infractor will be appropriately staggered by the courts. If it is not possible to determine which of the parties breached the contract first, the contract will be deemed to have expired and will bear its own damages.
The condition is considered to be fulfilled if the debtor wilfully prevents its execution. If the fulfilment of the condition depends solely on the will of the debtor, the conditional obligation is void. If it depends on chance or the will of a third party, the obligation will take effect in accordance with the provisions of this Code. The condition that an event occurs at a certain time expires the obligation as soon as the period has expired or if it has become undeniable that the event does not occur. .