Page:พรบ ใช้ ปพพ ๒๕๓๕.pdf/37

 a right or liability has been transferred in whole or in part;

a different act has been done, which indicates the giving of confirmation.

No voidable act shall be avoided upon elapse of one year from the time the act may be confirmed or upon elapse of ten years from the time the voidable act is done.

Any statement subjecting the operativeness or inoperativeness of a juristic act to an event the future occurrence of which is uncertain is called a condition.

Any juristic act subject to a condition precedent becomes operative upon fulfilment of such condition.

Any juristic act subject to a condition subsequent becomes inoperative upon fulfilment of such condition.

If the parties to the juristic act have expressed their mutual intention that the fulfilment of the condition be retroactively operative from any time before the fulfilment, such intention shall govern.

Whilst a condition is not yet fulfilled, any party to the juristic act subject to the condition must refrain from doing anything to the prejudice of the benefit which the other party should obtain from the fulfilment of such condition.

Whilst a condition is not yet fulfilled, whatever rights and duties a party has may be disposed of, inherited, protected, or insured in any manner according to the law.

If a condition would be fulfilled in such a way that may disadvantage any party and such party, by acting in bad faith, prevents the condition from being fulfilled, the condition shall be deemed to have been fulfilled already.

If a condition would be fulfilled in such a way that may advantage any party and such party, by acting in bad faith, causes the condition to be fulfilled, the condition shall be deemed to have never been fulfilled at all.

If the condition has already been fulfilled at the time of doing the juristic act, such juristic act shall be deemed to be subject to no condition, when the condition is precedent, or to be void, when the condition is subsequent.

If it is certain at the time of doing the juristic act that the condition will never be fulfilled, such juristic act shall be deemed to be void, when the condition is precedent, or