Revised Laws of Saint Lucia (2021)

Section I   Conditional Obligations

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    1010.   An obligation is conditional when it is made to depend upon an event future and uncertain, so as to be either in suspense or dissolved by the occurrence or non-occurrence of the event.

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    When an obligation depends upon an event which has actually happened, but is unknown to the parties, it is not conditional. It takes effect or is void from the time of contract.

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    1011.   Every condition contrary to law or inconsistent with good morals is void, and renders void the obligation which depends upon it.

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    An obligation is also void which is made to depend upon the doing or happening of an impossibility.

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    1012.   An obligation is void which is conditional on the mere will of the debtor; but it is otherwise if the condition consists in the doing or not doing of a certain act, although such act is dependent on his or her will.

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    1013.   If there be no time fixed for the fulfilment of a condition, it may always be fulfilled; and it is not deemed to have failed until it has become certain that it will not be fulfilled.

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    1014.   When an obligation is contracted under the condition that an event will not happen within a fixed time, such condition is fulfilled by the expiration of the time without the event having occurred. It is equally so if before the time has expired it becomes certain that the event will not happen. If there be no time fixed, the condition is not deemed fulfilled until it is certain that the event will not happen.

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    1015.   A conditional obligation becomes absolute when the party bound under the condition prevents its fulfilment.

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    1016.   The fulfilment of the condition has a retroactive effect from the day on which the obligation has been contracted. If the creditor be dead before the fulfilment of the condition, his or her rights pass to his or her heirs or legal representatives.

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    1017.   The creditor, before the fulfilment of the condition, or the debtor, before the discharge of the obligation, may do all acts for preserving his or her rights.

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    1018.   When an obligation to deliver has been contracted under a suspensive condition, the debtor is bound to deliver upon the fulfilment of the condition.

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    If, without the fault of the debtor, the article to be delivered have altogether perished or can no longer be delivered, no obligation exists.

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    If it be deteriorated without the fault of the debtor, the creditor must receive it in the state in which it is without diminution of price.

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    If it be deteriorated by the fault of the debtor, the creditor may either exact the thing in the state in which it is, or demand the dissolution of the contract, with damages in either case.

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    1019.   The dissolution of the contract that takes place through a resolutive condition, obliges each party to restore what he has received, and replaces things in the same state as if the contract had not existed; subject nevertheless to the rules of the last preceding article with respect to things which have perished or become deteriorated.