Legal Definitions - potestative condition

Definition: A condition that will be fulfilled only if the obligated party chooses to do so.

Example: In a contract, if one party promises to pay the other party only if they feel like it, that is a potestative condition. This type of condition is not allowed in Louisiana and will make the obligation null.

Explanation: A potestative condition is a type of condition in which the fulfillment of the obligation depends solely on the will of the obligated party. This means that the party can choose whether or not to fulfill the obligation, making it uncertain and unreliable. In the example given, the obligated party has the power to decide whether or not to pay, which makes the promise meaningless. This type of condition is not allowed in Louisiana because it is considered unfair and unreliable.