The complaint alleged: (1) that Ef's subleases failed to include the mandatory 60-day pre-termination clause; (2) that it had repeatedly questioned the sublease agreements, but Ef ignored its objections because he was forestalling the sale of the property; (3) that BRI discovered that Ef had already constructed concrete structures on the subject lot-in bad faith and without its knowledge or consent-to prolong his enjoyment of the lot; (4) that Ef had been forestalling the sale of the subject lot because of the advantageous arrangement he then enjoyed; (5) that Ef's attempts at preventing the sale of the subject lot effectively fulfilled the resolutory condition
of the lease; and (6) that on Jan.
A sale upon trial is deemed to have been made subject to a suspensive condition of acceptance of the thing sold unless it appears from the agreement or from the circumstances that the sale was made subject to a resolutory condition
. The method of establishing the price may be confined to the indication of the basis on which the price will be ultimately fixed.
Therefore, we make the distinction between a suspensive condition and a resolutory condition
. If the sale is concluded under the suspensive condition, the ownership transfer of the individually determined asset is conditioned by the accomplishment of that condition.
The merger was cleared in late 2007 by the BKartA with a conditional clearance, the clearance being subject to the resolutory condition
that four DIY retail stores were sold within a period of ten months of the BKartA decision.
thus only applies to lender-transfer transactions; as for sales under resolutory condition
, it is the legal right of resolution model (articles 1741-43 C.C.Q.) that applies; sales under suspensive condition and leases with options to purchase are governed by the logic of the instalment sale model (articles 1745-49 C.C.Q.); in structuring and interpreting double sales and sale-leaseback contracts, the right of redemption model (articles 1750-56 C.C.Q.) serves as the template.
A usufruct may be extinguished by: (a) the death of the usufructuary, unless a contrary intention clearly appears; (b) the expiration of the period for which it was constituted or by the fulfillment of any resolutory condition
provided in the title creating the usufruct; (c) merger of the usufruct and ownership in the same person; (d) renunciation of the usufructuary; (e) total loss of the thing in usufruct; (f) termination of the right of the person constituting the usufruct; and (g) prescription.
To argue that there was only a casual breach is to proceed from the assumption that the contract is one of absolute sale, where non-payment is a resolutory condition
, which is not the case.
A: Yes, the continuing animosity between Rosario and Arlene or the cessation of harmonious relationship between them constitutes a resolutory condition
which, by express wish of the Rosario, extinguishes the usufruct.