Simple English definitions for legal terms
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A clause potestative is a type of provision in a contract that allows one party to cancel or annul the agreement. This means that one person has the power to end the contract if certain conditions are not met. It is a term commonly used in French law.
A clause potestative is a provision in a contract where one party has the power to cancel or annul the agreement. This type of clause is commonly found in French law.
Imagine you are renting an apartment from a landlord. The lease agreement includes a clause potestative that allows the landlord to terminate the contract at any time without reason. This means that the landlord has the power to cancel the lease agreement without having to provide a valid explanation.
Another example of a clause potestative is a contract between an employer and an employee. The contract may include a provision that allows the employer to terminate the employment at any time without cause. This means that the employer has the power to end the employment relationship without having to provide a valid reason.
These examples illustrate how a clause potestative can give one party significant power over the other. It is important to carefully review any contract before signing to ensure that you understand the terms and conditions, including any clause potestative.