Review article
https://doi.org/10.3935/zpfz.69.1.05
Invalidity of Potestative Conditions in Favor of Debtor and pactum displicentiae
Marko Sukačić
orcid.org/0000-0001-9113-7421
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
The author in this paper analyses the problem of potestative conditions in favour of the conditionally obligated contractual party, on the example of pactum displicentiae, a provision of a sales contract by which the buyer could unilaterally terminate the contract if he or she is not pleased with the purchased item. A presentation of the Digest sources on the invalidity of potestative conditions in favour of the conditionally obligated contractual party, is followed by an analysis of a potentially valid potestative condition. The next part of the paper contains a study of the general characteristics of pactum displicentiae, with an emphasis on the fact that it represents a potestative condition. Taking into account the rule on invalidity of a condition si volam, the paper presents some interpretations by Romanists who are trying to justify the existence of pactum displicentiae. The last part of the paper consists of an analysis of the interpretation that pactum displicentiae is not a condition, but the right to terminate the contract.
Keywords
si volam; sale on approval; pactum displicentiae; potestative condition; Roman law
Hrčak ID:
217855
URI
Publication date:
28.2.2019.
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