Tag - Potestative condition

Employment contract is not entirely voided by a potestative condition imposed after the birth of the perfected agreement

Employment contract carrying a potestative condition is not entirely affected. A potestative condition is one the fulfillment of which depends exclusively upon the will of the debtor, in which case, the conditional obligation is void. If it pertains to the performance of the obligation and not on the birth of the perfected contract it shall affect only such provision and not the entire stipulations. Thus, the SC held in the case of Gemudiano vs. Naess Shipping Philippines, Inc. (G.R. No. 223825, [...]

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