Explanation of Article 181
This article addresses the statement of the "effect of the suspensive condition," which is: that an obligation contingent upon a suspensive condition is not effective unless the condition upon which it is contingent is fulfilled.
The article stipulates that an obligation contingent upon a suspensive condition is not effective unless the condition upon which it is contingent is fulfilled. 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 not executed unless the other party passes the exam.
It is worth noting that the obligation before the condition is fulfilled is not enforceable, and the creditor cannot demand it from the debtor, nor can he take any enforcement actions. For example, the seller cannot demand the price from the buyer, nor can he seize his assets.
The article emphasizes that the obligation before the condition is fulfilled is a right for the creditor, and he may take measures to preserve his right. For example, he may register the transfer of ownership, place a seal on the debtor's assets after his death, prepare inventory lists, and participate in the division if the subject of the right is a shared asset.
This article is considered one of the most important articles related to the effect of the suspensive condition, as it clarifies the impact of the suspensive condition on the obligation.
Related To
Article 181
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All of the debtor’s property shall serve as security for the payment of his debts. Creditors shall be pari passu in such security; no creditor shall have priority except pursuant to a legal provision.
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Creditors may agree to determine priority in the collection of debts in a manner not inconsistent with legal provisions.