| Abstract [eng] |
In some cases, the emergence, change or expiration of a contractual duty depends on the presence or absence of a future and uncertain event. These obligations are called conditional. This work is an analysis of the institute of contingent obligations. The aim of this work is to reveal the essential features of a contingent obligation, to consider the legal framework of the obligations and to analyse the application of conditional obligations by the judiciary. The first part of this work discloses in detail the concept of conditional obligation. It analyses the main features of the conditional obligations, the framework of their emergence, relations with other types of obligations. It also presents many examples of conditional obligations and explains which obligations can not be linked to any conditions. The second and the third part of this work is devoted to the analysis of events, which may be linked to the emergence, change or expiration of the conditional obligation. These parts point out the most important requirements, which must be met by such events. The various types of conditions are also examined in detail and it is found that different types of conditions cause different legal consequences. The last parts of this work analyse the impact of the condition on the rights and obligations of contracted parties. It is highlighted the obligation to act in good faith before the occurence of conditions and after its occurrence, consequences of fraudulent behavior are indicated. There is also a detailed analysis of the status of parties before the occurrence of the suspensive condition and after occurrence of the resolutory condition. It is explained the essence of the pronciple of retroactive operation, the exemptions to the application of this principle and and its special features. Consequently, this work raises problems, which determine complex application of contingent obligations in practice, deals with specific examples of conditional obligations. Considerable attention is given to the application of conditional obligations in case-law. |
