Cap. 16 Art. 1059Where obligation is contracted on condition that an event shall not happen within a certain time.

(1) Where an obligation is contracted on condition that an event shall not happen within an appointed time, the condition shall be deemed to be fulfilled both if the time expires and the event has not happened, as well as if, before the expiration of the time, it is certain that the event will not happen.

(2) Where no time is fixed, the condition is not fulfilled until it is certain that the event will not happen: Provided that, where the condition consists in an act within the power of the obligor, it shall be lawful for the court to fix a time, and if the time expires and the event constituting the condition does not occur, the condition shall be deemed to be fulfilled, and the obligor shall be bound to perform the obligation.