Cap. 16 Art. 1053Casual and potestative conditions.

(1) A condition is casual when it makes the obligation depend upon a fortuitous event beyond the control of the debtor and of the creditor.

(2) A potestative condition is that which makes the obligation depend upon an event which the one or the other of the contracting parties has the power to bring about or to prevent.

(3) A mixed condition is that which makes the obligation depend upon the will of one of the contracting parties, and, at the same time, upon the will of a third party or upon a fortuitous event.