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Condicio Impossibilis

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Chapter Summary

This chapter defines the concept of condicio impossibilis, and then discusses the different views of the Sabinians and the Proculians. The Proculians qualified the acquisition of ownership by the legatee as unilateral. Therefore, the voluntas and intention of the testator to bequeath something to the legatee were irrelevant. According to Falchi, the Sabinians gave a different interpretation of the term condicio impossibilis. Under the influence of the Stoa, they held that an impossible condition was not a 'real' or 'genuine' condition, because it was certain from the beginning that it could not be fulfilled. Therefore, an impossible condition and a failing condition could not be dealt with in the same way. Unlike the Proculians, the Sabinians attached great importance to the voluntas of the testator and also made a distinction between a stipulatio under an impossible condition and a legacy under such a condition.

Keywords: condicio impossibilis; Falchi; Proculians; Sabinians; stipulatio

10.1163/ej.9789004187740.i-358.64
/content/books/10.1163/ej.9789004187740.i-358.64
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