ON THE POTESTATIVE AGREEMENTS IN CIVIL LAW
This article is dedicated to the analysis of the concept and legal essence of the potestative transactions in civil law. A potestative transaction is a conditional transaction containing a clause fixing the secondary right of one of the parties to the transaction, carried out with the help of a will expressly aimed at changing or terminating already existing legal relationship. In any potestative transaction there is always a successive act of will. The first act is the creation of such a potestative transaction, the second act consists of the expression of will, which acts as the content of the potestative condition. If the imperative provision of civil law prescribes a binding rule on the terms of the transaction, then in the absence of a precautionary condition in a transaction that is subject to the regulation of a certain imperative provision, such a transaction must be recognized as valid and generate the corresponding civil legal relationship. Potestative transaction creates a specific legal relationship. The contents of a potestative condition is the expression of will of one person, expressed in a certain action.