Section 185.- The rights and duties which the parties have, while the condition is pending, do any thing by which the benefits which the order party might derive from the fulfilment of the condition will be impaired.

 

Section 186.- If the fulfilment of a condition is prevented not in good faith by the party to whose disadvantage it would operate, the condition is deemed to have been fulfilled.

If the fulfilment of a condition is brought about in bad faith by the party to whose advantage it would operate, the condition the condition is deemed not to have been fulfilled.

 

Section 187.- When the condition is already fulfilled at the time of the juristic act, the latter is unconditionally valid, if the condition is precedent, and is void, if the condition is subsequent.

When it is already certain at the time of the juristic act that the condition cannot be fulfilled, the act is void, if the condition is precedent, and is unconditionally valid, if the condition is subsequent.

The parties still have rights and duties according to Section 184 and Section 185 so long as they do not know whether the condition is fulfilled under paragraph one or cannot be fulfilled under paragraph two.

 

Section 188.- A juristic act is void if it is subject to an unlawful condition, or a condition contrary to public order or good morals.

 

Section 189.- A juristic act upon a condition precedent which is impossible is void.

A juristic act upon a condition subsequent which is impossible is unconditionally valid.

 

Section 190.- A juristic act upon a condition precedent which depends upon the will of the debtor is void.

 

Section 191.- If a time of commencement is annexed to a juristic act, its performance cannot be demanded before such time arrives.

If a time ending is annexed to a juristic act, its effect ceases when such time arrives.

 

Section 192.- It is presumed that a time of commencement or ending is fixed for the benefit of the debtor, unless it appears from the tenor of the instrument or from the circumstances of the case that it was intended for the benefit of the creditor, or of both parties.

The benefit of such a time may be waived, but this will not affect any benefit which would accrue therefrom to the other party.

 

Section 193.- In the following cases the debtor cannot take advantage of a time or commencement or ending :

                (1)  If he has been ordered by the Court to place his assets under final custody and control according to the law on bankruptcy ;

                (2)  If he has not given security when he was bound to give it ;

                (3)  If he has destroyed or diminished any security given ;

                (4)  If the debtor has produced as security a property of other person without the latter’s consent.