Right affected by a condition

The High Court of Cassation and Justice has ruled that if a distribution contract stipulated the right of the buyer to qualify for bonuses and discounts based on the performance achieved and that the amount and conditions of the award are determined unilaterally by the seller and can be altered at any time during the contract, the right of the buyer to these bonuses is subject to the eventuality of the consent of the seller, being a perfect right regarding its makeup, but affected by the way of execution conditions of the grant. The High Court stated that, in this case, the obligation accepted by the seller is not an obligation under a pure declarative condition in the sense of Art. 1174 of the Civil Code, which would be void of right, but it depends on the will of the seller-debtor added with an external factor, the fulfilment of requirements of the lender-buyer. In this issue, there was no debtor-defendant’s consent to grant bonuses, thus the prerequisites for the case of a pure right are not met. (Decision no. 1328 of March 29, 2013 rendered on appeal Commercial Division of the High Court of Cassation and Justice seeking a declaration to void a contractual clause)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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