Potestative

Thus the doctrine coined the notion of potestative law, meant to designate the separate category of subjective rights; characterized by the fact that the holder is awarded the power to intervene in the existing legal situation (to make adjustments or to terminate them), or create new legal situations, through a private and unilateral activity (See Reghini, 2003: 236; Chirica, 1999a: 45; Chirica, 1999b: 31; Chirica, 2001: 28, Deleanu, 2002: 23; Stoica, 2003: 55-58).

From a legal viewpoint, the right to seek partition is a potestative one.

In Brazil, such measures were thoroughly regarded only after a contract filled with potestative clauses, between the Brazilian Association for the Sustainable Use of Amazon Biodiversity--Bioamazonia--and the Novartis company, with the scope of collecting and identifying bacteria and fungi, producing extracts and proceeding to analysis aiming to identify substances that raised pharmaceutical interest in Amazon, a deal which brought no advantages to the country, whether it was by technology transference or by any other way of distributing the profits.

(211) In this connection, French law voids contracts subject to so-called potestative conditions, (212) which condition the validity of an agreement on the occurrence of an event that one of the contracting parties has the unilateral power to make occur or prevent.

This is by far one of the most important minimum requirements whereas several clubs in Europe still foresee such a clause only in favour of the clubs and this despite a consolidated jurisprudence of the FIFA Dispute Resolution chamber which expressly forbids these so-called 'potestative clauses'.

Paradigms for a General Theory of the Potestative Rights of Retract".

1980) (finding that allowing the insurer discretion in defining medical necessity does not constitute invalid "potestative condition" since the insurer is "under an obligation to make an honest, sincere effort to determine whether hospitalizations...were medically necessary" and "was required to make a good faith effort by use of medical experts to determine the necessity of hospitalization"); Jacob v.

According to the DRC the unilateral extension option concerned had a potestative nature, since the contract was not provided with the new financial conditions and were not accepted after the negotiations between the parties.