Skip to content
Civil Law

Explanation of Article 182

Explanation of Article 182

This article addresses the statement of the "effect of the fulfillment of the resolutory condition," which is: that the fulfillment of the resolutory condition results in the termination of the obligation, and the creditor is required to return what he has taken.

The article stipulates that an obligation contingent upon a resolutory condition is terminated if the resolutory condition is fulfilled. For example, if a person says to another: "I sell you this car on the condition that the sale is rescinded if you fail the exam," in this case, the obligation is terminated if the other party fails the exam.

It should be noted that the obligation, after the fulfillment of the resolutory condition, becomes void and does not produce any legal effect, and the creditor is required to return what he has taken from the debtor. For example, if the seller receives the price, and then the resolutory condition is fulfilled, he is required to return the price to the buyer.

The article emphasizes that the administrative acts issued by the creditor remain effective before the fulfillment of the condition. For example, if the creditor rents out the property, and then the resolutory condition is fulfilled, the lease contract remains effective and is not affected by the termination of the original obligation.

This article is considered one of the most important articles related to the effect of the fulfillment of the resolutory condition, and it clarifies the impact of the fulfillment of the resolutory condition on the obligation.

Related To

Article 182

  1. A creditor may, even if his debt is not due, use the debtor’s rights, except for rights that are specifically associated with his person or which are not subject to attachment, provided that the debtor has not exercised such rights and that his failure to do so would cause his debts to exceed the value of his property.

  2. A creditor shall not be required to notify the debtor of the use of his rights. However, if a claim is filed in the name of the debtor, the creditor shall be joined in said claim.

  3. A creditor shall be deemed an agent of the debtor in the use of his rights. Any benefit arising from the use of such rights shall accrue to the debtor's property and shall serve as security for all his creditors.