Ontbindende voorwaarde

A resolutive condition is a contractual provision under which the agreement terminates by operation of law upon fulfilment of the condition. This differs from a suspensive condition, which defers the operation of the agreement until the condition has been fulfilled.

The resolutive condition is grounded in the Civil Code and is frequently employed to manage risks, for instance where a party fails to perform its obligations or where an uncertain event occurs. This enables the parties to establish in advance the consequences of specified circumstances.

In practice, resolutive conditions are commonly included in contracts of sale, lease agreements and employment contracts, for example by stipulating the bankruptcy of a party or the failure to obtain a required permit as the triggering event.