Thus the doctrine coined the notion of potestative law, meant to designate the separate category of subjective rights; characterized by the fact that the holder is awarded the power to intervene in the existing legal situation (to make adjustments or to terminate them), or create new legal situations, through a private and unilateral activity (See Reghini, 2003: 236; Chirica, 1999a: 45; Chirica, 1999b: 31; Chirica, 2001: 28, Deleanu, 2002: 23; Stoica, 2003: 55-58).
The Exception of a Non-performance Contract in Relation to Potestative Rights
34 months subject to the right of potestative
option in order to continue in service until 30/06/2021.
From a legal viewpoint, the right to seek partition is a potestative
In Brazil, such measures were thoroughly regarded only after a contract filled with potestative
clauses, between the Brazilian Association for the Sustainable Use of Amazon Biodiversity--Bioamazonia--and the Novartis company, with the scope of collecting and identifying bacteria and fungi, producing extracts and proceeding to analysis aiming to identify substances that raised pharmaceutical interest in Amazon, a deal which brought no advantages to the country, whether it was by technology transference or by any other way of distributing the profits.
211) In this connection, French law voids contracts subject to so-called potestative
conditions, (212) which condition the validity of an agreement on the occurrence of an event that one of the contracting parties has the unilateral power to make occur or prevent.
L'indetermination du prix et la condition potestative
pdf, accessed 4 August 2011), where 'the Chamber deemed that in view of its potestative
nature, the aforementioned contractual clause shall not have any effect'; case 261245 of 21 February 2006; case 36858 of 23 March 2006; case 117707 of 30 November 2007; case 58860 of 7 May 2008; case 19174 of 9 January 2009.
Paradigms for a General Theory of the Potestative
Rights of Retract".
Kubbel, s'inspirant de la sociologie dynamique de Georges Balandier a mis en place une << anthropologie potestative
>> (10), cependant en tout point inoperante pour penser la societe sovietique du fait de l'incontournable dimension retrospective et reconstructive deja evoquee plus haut, et de son cantonnement a une dimension essentiellement exotique.
163, for an award of an annual supply of medical devices for laparoscopy, with potestative
right to extend annually to the needs of the department of surgical and maternal and child of the university hospital of cagliari - market electronic pa - information platform csamed srl - total amount at auction (age 1 + 1) 615 760 eur (plus vat).
According to the DRC the unilateral extension option concerned had a potestative
nature, since the contract was not provided with the new financial conditions and were not accepted after the negotiations between the parties.