Potestative

Quick meaning: Potestative is an adjective meaning (law) of a condition in a legal contract: being completely controlled by exactly one of the parties to the contract.

Meaning

(law) of a condition in a legal contract: being completely controlled by exactly one of the parties to the contract.

More Meanings

1. (obsolete) authoritative

Example Sentences

The third branch of God's authoritative or potestative power consisteth in the use of all things in his possession, by virtue of his absolute dominion.

A potestative condition is that which is in the power of the person in whose favor it is contracted; as, if I engage to give my neighbor a sum of money, in case he cuts down a tree which obstructs my prospect.

Articles 1170 and 1174 of the French Civil Code deal with potestative conditions. The former defines as potestative a contractual condition the fulfillment of which is within the power of one of the contracting parties to bring about or hinder. The latter article provides that every obligation contracted on a potestative condition on the part of him who purports to bind himself is null.

Related Words

Related dictionary entries include dictatorian, decretory, ascriptitious, assertory, autocratorical, guessive.

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