Explanation of Article 177
This article addresses the explanation of the "concept of an obligation contingent upon a condition," which is: that the existence or termination of the obligation is dependent on a future event that may occur.
The article states that the obligation is contingent upon a condition in two cases:
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First: If the condition is "suspensive," meaning that the condition is contingent upon the existence of the obligation. If the condition is fulfilled, the obligation exists, and if it is not fulfilled, the obligation does not exist. For example, if a person says to another: "I will sell you this car if you pass the exam," in this case, the obligation is contingent upon a suspensive condition, and the obligation does not arise unless the other party passes the exam.
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Second: If the condition is "resolutory," meaning that the condition is contingent upon the termination of the existing obligation. If the condition is fulfilled, the obligation is terminated, and if it is not fulfilled, the obligation remains. For example, if a person says to another: "I will sell you this car on the condition that the sale is annulled if you fail the exam," in this case, the obligation is contingent upon a resolutory condition, and the obligation is terminated if the other party fails the exam.
It should be noted that the condition is not considered contingent upon the obligation if it is a past or present matter, or if it is an impossible or certain matter. In these cases, the obligation is either immediate or void and is not considered contingent upon a condition.
The article emphasizes that the condition must be "future," meaning that it should not have occurred in the past or present, but rather its occurrence should be in the future. For example, it is not permissible to suspend on a condition: "If the sun rises from the east," as this is a past or present matter.
The article emphasizes that the condition must be "likely to occur," meaning that it should not be impossible or certain. For example, it is not permissible to suspend on a condition: "If a human flies in the air," as this is an impossible matter.
This article is considered one of the most important articles related to the concept of an obligation contingent upon a condition, as it clarifies the types of conditions and their impact on the obligation.
Related To
Article 177
Notification shall be made by any means agreed upon by the contracting parties or as prescribed by law, including the filing of a claim or any other judicial proceeding.