Explanation of Article 178
This article addresses the ruling on obligations contingent upon a certain or impossible event. The article states that an obligation is considered fulfilled if it is contingent upon a certain event, and it is void if it is contingent upon an impossible event.
The article specifies that an obligation is fulfilled if it is contingent upon a certain event, meaning that the event upon which the obligation is contingent has occurred in the past or present, or is certain to occur in the future. For example, if a person says to another: "I will sell you this car if you pass the exam," and the other party had already passed the exam before the contingency, in this case, the obligation is fulfilled and is not considered contingent upon a condition.
The article also states that an obligation is void if it is contingent upon an impossible event, meaning that the event upon which the obligation is contingent is impossible or certain. For example, it is not permissible to make a condition such as: "If a human flies in the air," as this is an impossible event.
It is worth noting that this ruling applies to all types of obligations, whether they are contracts, declarations, releases, or otherwise.
This article is considered one of the most important articles related to the ruling on obligations contingent upon a certain or impossible event, as it clarifies the impact of a certain or impossible event on the obligation.
Related To
Article 178
The contracting parties may specify in advance the amount of compensation whether in the contract or in a subsequent agreement, unless the subject of the obligation is a cash amount. The right to compensation shall not require notification.