suspensiva

Suspensiva is a term used in civil law, especially in contract law, to describe a suspensive condition (condição suspensiva). It refers to an event whose occurrence is necessary to activate the rights and obligations established by a contract. Until the event happens, the contract generally has no binding effect on the parties; once the event occurs, the contract’s effects commence and the obligations become enforceable.

The suspensive condition is contrasted with a resolutory condition (condição resolutória), which terminates the contract or its effects when the specified event occurs. In a suspensiva arrangement, the contract can be considered formed, but its operative consequences are deferred until the condition is fulfilled.

Common contexts for suspension clauses include sales, loans, donations, and partnerships, where the completion of the contract depends on external events such as regulatory approval, the transfer of ownership, or the obtaining of financing. The nature of the condition can be simple (an event) or more complex, and may involve factors within or beyond the control of the parties. If the suspensive event never occurs or becomes impossible, the contract may fail to produce enforceable obligations, or be considered null from its inception by applicable law.

In practice, a suspensiva clause provides predictability by linking the validity of the contract to an objective occurrence. It requires clear specification of the event and the moment at which effects begin, to prevent disputes over timing and scope. See also conditional contract and conditional obligation.