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 one.
This solution does not remove the potestative characteristic of the right to seek partition, nor does the conclusion that it is not susceptible for abusive exercise; on the contrary, it confirms both ideas.
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.
While one could argue that the agreement stated an engine-only price tied to Malev's choice between Boeing and Airbus, that price was nevertheless unilaterally determinable by Malev and was, therefore, a potestative condition rendering the P&W--Malev contract invalid.
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".
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.
Also in this case the DRC pointed out that the unilateral extension option is not valid due to its potestative nature, unless the new contract provides for the new financial conditions and that the conditions were accepted after parties had negotiated in respect thereof.