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suspensive condition

A suspensive condition is a condition that must be fulfilled before a contract or obligation takes legal effect.

A suspensive condition entails that the operation of a legal act or agreement is suspended until the stipulated condition has been fulfilled. This mechanism ensures that the parties are not bound until the uncertainty has been removed.

In the Dutch Civil Code, this is governed by the provisions on obligations. It is relevant in that it enables the parties to manage risks in transactions with uncertain outcomes.

In practice, such conditions frequently arise in contracts of sale where validity depends on obtaining financing or permits.

“The agreement was concluded subject to the suspensive condition that the buyer would obtain financing within three months.”

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