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Afrinrubi
Posts: 2
Joined: Mon Oct 09, 2023 9:28 am

Impossibility of fulfilling a condition

Post by Afrinrubi »

This reservation therefore applies only to the situation in which the final agreement could objectively have been concluded within the maximum period, but despite this the agreement was not concluded for reasons attributable to the defendant cf. Judgment of the Court of Appeal in Kraków - st Civil Division of May , , ref. no. act I ACa / . Impossible condition An impossible condition, as well as a condition contrary to the Act or the principles of social coexistence, entails the invalidity of a legal transaction if it is suspensiv.

It is considered unreserved when it is dissolving cf. art. of the Civil Code . An impossible condition is a condition that cannot possibly be fulfilled. Theshould phone number list be considered according to objective criteria, which means that at the moment of performing a legal act or only later it becomes known that the event specified as a condition cannot occur in the future, which makes the entire legal act lose its meaning so Judgment of the Supreme Court - Civil Chamber of Januar.

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In tur a condition contrary to a statute is one that is aimed at creating an unlawful state. Summary Undoubtedly, a condition within the meaning of civil law is a future and uncertain event on which the creation or cessation of legal effects may depend. It should be remembered that a condition in a contract can be included at any time , in accordance with the principle of freedom of contract . Remember that this principle is not only one of the basic principles shaping the law of obligations, but also constitutes the guiding principle for the entire private law system. You can read more about this here.

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