potestative

comparative more potestative · superlative most potestative

1. obsoleteauthoritative

   The third branch of God's authoritative or potestative power consisteth in the use of all things in his possession, by virtue of his absolute dominion.

   c. 1683 John Pearson, An Exposition of the Creed. Reprinted by J.F. Dove: London, 1832. Article I, p 66. (online)

2. lawof a condition in a legal contract: being completely controlled by exactly one of the parties to the contract

   A potestative condition is that which is in the power of the person in whose favor it is contracted; as, if I engage to give my neighbor a sum of money, in case he cuts down a tree which obstructs my prospect.

   1843 John Bouvier, A Law Dictionary. Reprinted by G.W. Childs: Philadelphia, 1864. Entry for "Condition", p. 264. (online)

   1 more example

   Articles 1170 and 1174 of the French Civil Code deal with potestative conditions. The former defines as potestative a contractual condition the fulfillment of which is within the power of one of the contracting parties to bring about or hinder. The latter article provides that every obligation contracted on a potestative condition on the part of him who purports to bind himself is null.

   1962, William Shelby McKenzie, “Obligations — Potestative Conditions — Right to Terminate In Employment Contracts”, in Louisiana Law Review, volume 22