potestativeadj.

Brit.

/pəˈtɛstətɪv/, U.S.

/pəˈtɛstədɪv/

Origin: A borrowing from Latin. Etymon: Latin potestativus.

Etymology: < post-classical Latin potestativus relating to power (late 2nd or early 3rd cent. in Tertullian), having power or authority (frequently from 1086 in British sources) < classical Latin potestāt- , potestās potestas n. + -īvus -ive suffix. Compare Middle French potestatif having power, conferring power, potential (16th cent.), French potestatif depending on contracting parties (1802).In potestative condition (see sense 2) after post-classical Latin conditio potestativa (6th cent.).

†1. Appropriate to a lord or ruler; (also) having power or authority; authoritative. Obsolete.

ΘΚΠ

society > authority > [adjective]

authorizable1530

grave1541

authorical1571

overruling1586

magistral1596

potestativea1631

magisterial1635

authorative1638

authoritative1638

herile1644

exousiastic1688

take-charge1950

take-hold1973

a1631 J. Donne Serm. (1958) IX. 227 So I might contemplate him in a judiciary posture, in a potestative, a soveraigne posture, sitting.

1644 H. Parker Jus Populi 56 All commands are not alike binding and Potestative.

1670 R. Baxter Cure Church-div. 234 The abuse of the Potestative Primality is Tyranny.

1724 R. Wodrow Life J. Wodrow (1828) 66 A probationer only, for order's sake and without any potestative mission.

2. Civil Law. Designating a condition within the control of one of the parties to a contract or agreement.

ΚΠ

1654 T. Warren Vnbeleevers 17 We do not..make it a potestative uncertain condition.

1671 R. McWard True Non-conformist 328 If we did hold faith, as it is our act to be required as a proper potestative foregoing condition of our acceptance.

1726 J. Ayliffe Parergon Juris Canonici Anglicani 342 Such a Condition..is said to be a Potestative Condition in respect of a third Person, but a Casual Condition in regard to the Person to whom such Legacy is given.

a1732 J. Ayliffe New Pandect Rom. Civil Law (1734) ii. 127 For there are Conditions, which are entirely in our own Will and Power; and, therefore, they are called potestative Conditions.

1818 H. T. Colebrooke Treat. Obligations & Contracts 12 A potestative or arbitrary condition is that, which makes the execution of the agreement depend on the will of one of the contracting parties, or upon an event which it is in the power of that party to bring about or to prevent.

1853 W. Whewell tr. H. Grotius De Jure Belli II. 43 If the condition under which the thing may come into the power of the promiser be also potestative (such as he himself can bring about or accelerate).

1911 Amer. Jrnl. Internat. Law 5 976 The potestative character which has..been attributed to this clause in the discussion of 1907 would be restrained.

1992 B. Nicholas French Law of Contract iv. 162 A simply potestative condition does not invalidate the obligation, whereas a purely potestative condition on the part of the debtor does.

This entry has been updated (OED Third Edition, December 2006; most recently modified version published online March 2022).

单词	potestative
释义	potestativeadj. Brit. /pəˈtɛstətɪv/, U.S. /pəˈtɛstədɪv/ Origin: A borrowing from Latin. Etymon: Latin potestativus. Etymology: < post-classical Latin potestativus relating to power (late 2nd or early 3rd cent. in Tertullian), having power or authority (frequently from 1086 in British sources) < classical Latin potestāt- , potestās potestas n. + -īvus -ive suffix. Compare Middle French potestatif having power, conferring power, potential (16th cent.), French potestatif depending on contracting parties (1802).In potestative condition (see sense 2) after post-classical Latin conditio potestativa (6th cent.). †1. Appropriate to a lord or ruler; (also) having power or authority; authoritative. Obsolete. ΘΚΠ society > authority > [adjective] authorizable1530 grave1541 authorical1571 overruling1586 magistral1596 potestativea1631 magisterial1635 authorative1638 authoritative1638 herile1644 exousiastic1688 take-charge1950 take-hold1973 a1631 J. Donne Serm. (1958) IX. 227 So I might contemplate him in a judiciary posture, in a potestative, a soveraigne posture, sitting. 1644 H. Parker Jus Populi 56 All commands are not alike binding and Potestative. 1670 R. Baxter Cure Church-div. 234 The abuse of the Potestative Primality is Tyranny. 1724 R. Wodrow Life J. Wodrow (1828) 66 A probationer only, for order's sake and without any potestative mission. 2. Civil Law. Designating a condition within the control of one of the parties to a contract or agreement. ΚΠ 1654 T. Warren Vnbeleevers 17 We do not..make it a potestative uncertain condition. 1671 R. McWard True Non-conformist 328 If we did hold faith, as it is our act to be required as a proper potestative foregoing condition of our acceptance. 1726 J. Ayliffe Parergon Juris Canonici Anglicani 342 Such a Condition..is said to be a Potestative Condition in respect of a third Person, but a Casual Condition in regard to the Person to whom such Legacy is given. a1732 J. Ayliffe New Pandect Rom. Civil Law (1734) ii. 127 For there are Conditions, which are entirely in our own Will and Power; and, therefore, they are called potestative Conditions. 1818 H. T. Colebrooke Treat. Obligations & Contracts 12 A potestative or arbitrary condition is that, which makes the execution of the agreement depend on the will of one of the contracting parties, or upon an event which it is in the power of that party to bring about or to prevent. 1853 W. Whewell tr. H. Grotius De Jure Belli II. 43 If the condition under which the thing may come into the power of the promiser be also potestative (such as he himself can bring about or accelerate). 1911 Amer. Jrnl. Internat. Law 5 976 The potestative character which has..been attributed to this clause in the discussion of 1907 would be restrained. 1992 B. Nicholas French Law of Contract iv. 162 A simply potestative condition does not invalidate the obligation, whereas a purely potestative condition on the part of the debtor does. This entry has been updated (OED Third Edition, December 2006; most recently modified version published online March 2022). < adj.a1631
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