Propter iuris condicionem in suspenso est: condicio supervacua", "condicio extrinsecus and the condition of law in classic roman law

Abstract

This article refers to the condicio iuris in classic Roman Law and intends to analyse its definition and study the most important sources, which are D 21,1,43,10, D.35,1,21, D 35,1,99 y D 36,2,25,1. Condicio iuris has been related and identified with condicio extrinsecus and condicio supervacua, two types that lack legal effect. This is why condicio iuris is part of the condicio tacita notion, which seems to be right if it is the definition of "in abstracto" condicio iuris. However, when analysing the key fragments, it is clear that up to a certain point this concept and the texts themselves are contradictory. Therefore, it seems that a general definition of condicio iuris in classic Roman Law is not possible.