What is the difference between a suspensive and a resolutive condition?

Answer 1

(a) In the case of the suspensive condition, being one which suspends the operational effect of one, or some, or all of the obligations under a contract until the conditions are fulfilled, the risk will not pass until the suspensive conditions have been fulfilled.
(b) The resolutive condition has a different effect. A sale subject to this type of condition will result in the risk passing as soon as formalities required for the completion of a sale agreement have been completed. The risk in conditional sales is as follows:-

• in the case of a sale subject to a suspensive condition, the risk of total loss remains with the seller until the condition is fulfilled (as indicated above the risk does not pass with ownership). The reason the risk remains with the seller is due to the effect that a suspensive condition suspends the whole sale and until such time as the condition is fulfilled, there is no sale, thus risk cannot pass;
• on the other hand, in the case of a sale subject to a resolutive condition, the risk of total loss passes to the buyer immediately the contract has been concluded. As indicated above, the sale operates immediately, with the result, that if the thing is destroyed before delivery, the buyer must nevertheless pay the price in full, for the risk has passed to the buyer.

Answer 2

A suspensive condition suspends the effects of an obligation until a specific event occurs, while a resolutive condition dissolves the effects of an existing obligation when a specific event occurs. In other words, a suspensive condition delays the enforceability of an obligation, whereas a resolutive condition terminates an obligation that is already in effect.