Condition in contract law

The concept of condition that has a deep-rooted history, makes possible uncertain future events to affect legal consequences of legal transactions. The uncertainty stem from depending future events features the concept. There are two types of conditions in regards to legal effects which are suspensive and resolutive conditions (in Common Law countries these are called "condition precedent" and "condition subsequent"). Occurrence of the event that prescribed by the parties as suspensive condition causes legal transactions to be effective. Occurrence of the event that prescribed by the parties as resolutive condition causes the consequences of the legal transactions comes to an end. In accordance with the Turkish Code of Obligation no. 6098, as a rule occurrence of the condition does not have retroactive effect. Pending fulfilment of a condition, fulfilment of a condition and legal consequences of fulfilment of a condition are not interpreted in the same way in different legal systems. These interpretations cause different legal practices. In this study, the concept of condition and legal consequences of making a conditional contract were examined with a comparative approach in historical development, instruments of harmonization international commercial law (PICC, PECL and DCFR) and Turkish/Swiss law.