Voorwaardelijke verbintenis

A conditional obligation is an obligation the creation or extinction of which depends on a future and uncertain event. The Dutch Civil Code distinguishes between suspensive conditions, under which the obligation arises only upon fulfilment, and resolutive conditions, under which the obligation terminates upon fulfilment. This is governed by articles 6:21 to 6:26 BW.

This mechanism is relevant because it enables the parties to conclude agreements with deferred or conditional legal effects, thereby affording flexibility in the allocation of risks. It prevents a party from being immediately bound while the uncertain event has not yet occurred.

In practice, conditional obligations are frequently employed in real estate transactions contingent on financing and in employment contracts containing a probationary period.