Skip to content
Civil Law

Explanation of Article 183

Explanation of Article 183

This article addresses the statement of the "retroactive effect of the condition," which is: that upon the fulfillment of the condition, its effect is attributed to the time when the obligation arose, not to the time when the condition was fulfilled.

The article stipulates that if the condition is fulfilled, its effect is attributed to the time when the obligation arose. For example, if a person says to another: "I will sell you this car if you pass the exam," in this case, if the other party passes the exam, the effect of the sale is attributed to the time when the contract was made, not to the time when the condition was fulfilled.

It should be noted that the retroactive effect of the condition does not apply to all types of obligations, but only to those whose nature allows it. For example, it does not apply to time-bound contracts, such as lease contracts and employment contracts.

The article emphasizes that if the condition is fulfilled, its effect is attributed to the time when the obligation arose, unless it is evident from the will of the contracting parties or from the nature of the contract that the existence or termination of the obligation is at the time when the condition is fulfilled. For example, if the contracting parties agree that the obligation becomes effective from the time the condition is fulfilled, in this case, the retroactive effect does not apply.

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

Related To

Article 183

  1. If a debtor’s disposition causes his debts to exceed the value of his property, any creditor whose debt is due and who is adversely harmed by such disposition may demand the invalidation of the disposition if it is a donation or if it is an exchange and the debtor and his successor in the exchange are aware that the debts exceed the value of the debtor’s property.

  2. Paragraph (1) of this Article shall apply to the successor’s disposition if it is a donation or if it is an exchange and the other party in the exchange is aware that the debts exceed the value of the debtor’s property.