What are the essential requisites of condonation?

Asked by: Rylan Dietrich  |  Last update: March 10, 2025
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(Answer) For condonation or remission to be valid, the following requisites must concur: the existence of a demandable debt, renunciation of the debt ispurely gratuitous, acceptance of the condonation or remission by the debtor, formalities required by law on donation must be complied with, what has been condoned or ...

What are the requisites for condonation?

For condonation to be legally effective, the following requisites must be met: Existence of a Valid Debt: There must be an existing debt or obligation owed by the debtor. Intent to Renounce the Obligation: The creditor must clearly intend to extinguish the debt, without requiring any reciprocation or payment.

What are the elements of condonation?

The following requirements are necessary to condonation:
  • A knowledge on the part of the condoner of the facts constituting the cause of divorce;
  • Reconciliation and remission of the offense by the injured party; and.
  • Restoration of the offending party to all marital rights.

What are the essential requisites of a contract explain?

Under Article 1318 of the Civil Code, the following are the essential requisites of a valid contract: 1) the consent of the contracting parties, 2) the object certain which is the subject matter of the contract, and 3) the cause of the obligation which is established.

What are the valid reasons for condonation of delay?

Instances where condonation is allowed-

Illness of the person filing the suit or appeal or application. Party is a pardanashin woman. Party is illiterate. Delay caused due to the pendency of the writ petition.

4 Essential REQUISITES of Obligations | Obligations: General Provisions - Obligations and Contracts

22 related questions found

What are the rules for condonation of delay?

Condonation of Delay

The circular allows authorities to condone delays in filing returns related to refunds or carry-forward losses, provided they are filed within five years from the end of relevant assessment year. This five-year time limit applies to claims filed on or after October 1, 2024.

What is the case law for condonation?

“It is now trite that condonation cannot be had for the mere asking. A party seeking condonation must make out a case entitling it to the court's indulgence. It must show sufficient cause. This requires a party to give a full explanation for the non-compliance with the rules or court's directions.

What does essential requisites mean?

: needed for a particular purpose : essential, necessary. has the requisite skills/knowledge/experience for the job.

What are the 5 essential elements of a contract?

Lesson Summary. A contract is a legal agreement between two or more parties in which they agree to each other's rights and responsibilities. Offer, acceptance, awareness, consideration, and capacity are the five elements of an enforceable contract.

What are the 5 vices of consent?

A vitiated consent only gives rise to a voidable agreement. Under the Civil Code, the vices of consent are mistake, violence, intimidation, undue influence or fraud. If consent is given through any of the aforementioned vices of consent, the contract is voidable.

What is the process of condonation?

He / she is required to make application to the CCMA to condone the fact that he/she failed to refer the dispute timeously. Condonation, in this sense, is the action of excusing a party's failure to comply with the timeframes prescribed for referral of a dispute to the CCMA.

What are the acts of condonation?

The law governing condonation may vary state to state, but generally it is an act to forgive one's spouse who has committed an act of wrongdoing that would constitute grounds for divorce in a marriage. Condonation is often used as a defense to a divorce.

What is an example of condonation?

For example, if a wife did not object to her husband's adultery even though she was aware of it, and she later tries to use it as grounds for a divorce or the basis for a settlement in her favor, he could counter these efforts by arguing that she had condoned his behavior.

What does condonation mean in contracts?

Condonation is the act of forgiving, excusing, or overlooking a breach or failure to perform as per the terms of a contract. In legal terms, condonation signifies the intentional overlooking or pardoning of an act that would otherwise constitute a breach of contract.

What is the concept of condonation?

: voluntary overlooking or pardon of an offense. specifically : express or implied and usually conditional forgiveness of a spouse's marital wrong (as adultery or cruelty)

What are the general rules for valid condonation?

There are several requisites for a valid condonation or remission: it must be gratuitous, accepted by the debtor, between parties with capacity, not inofficious, and comply with donation forms if express.

What are the 5 C's of a contract?

To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.

What are the essential requisites of a contract?

The three main requisites are: 1) consent of the parties, 2) object certain, and 3) cause of obligation. Consent requires an offer and acceptance, while the object and cause refer to the purpose and consideration of the contract.

What makes a contract unenforceable?

If any kind of misrepresentation or fraud occurs during the contract negotiation process, the contract itself can be held unenforceable. Misrepresentation can happen when a party says something false or conceals something important.

What is an example of a requisite?

She filled in the requisite paperwork. A requisite is something which is necessary for a particular purpose. An understanding of accounting techniques is a major requisite for the work of the analysts.

What are the essential requirements?

Essential Requirements Defined

Essential requirements are the outcomes (including skills, knowledge, and attitudes) all students must demonstrate with or without using accommodations. Some students might use accommodations and some might not, but all students must achieve the same outcomes.

What is essential prerequisite?

(priːrekwɪzɪt ) countable noun. If one thing is a prerequisite for another, it must happen or exist before the other thing is possible.

What is the rule of condonation?

Condonation of delay is a discretionary remedy exercised by courts wherein, upon an application made by a party who wishes to have an appeal or application admitted after the prescribed period, the court may condone (overlook) the delay if the party provides a “sufficient cause” that hindered them from filing the ...

What happens if condonation is not granted?

If condonation was granted, the dispute would proceed to the next process being either conciliation or con-arb. If condonation was refused, the CCMA cannot hear the dispute any further. The applicant may challenge the decision at the Labour Court.

What is the defense of condonation?

One such defense is the defense of condonation, which is the “conditional remission or forgiveness, by one of the married parties; the condition being that the offense shall not be repeated.” For example, if one spouse forgives the other spouse for having an affair, he or she does so on the condition that the spouse ...