In these circumstances, it is unnecessary to express a view as to whether such a stipulation will be invalid as being in conflict with public policy, or whether the fixing of the prestation may only be assailed when it is done in bad faith.
12.
It was replaced by the specific dependency allowance ( Prestation sp�cifique d�pendance ) with the law of 24 January 1997, and was finally suppressed with the implementation of the individual allowance for autonomy ( Allocation personnalis�e ?l autonomie or APA ) on 1 January 2002.
13.
In this case, in Van Heerden DCJ's " obiter dictum ", he noted that it is conceivable, albeit unlikely, that a stipulation may be so worded that an absolute discretion to fix a prestation is conferred on one of the parties.
14.
Both Malinowski and Mauss agreed that in non-market societies, where there was no clear institutionalized economic exchange system, gift / prestation exchange served economic, kinship, religious and political functions that could not be clearly distinguished from each other, and which mutually influenced the nature of the practice.
15.
In 1930, the Geneva Convention outlawed the " corv�e ", but France substituted a work tax ( " Prestation " ) by the Franch West Africa decree of 12 September 1930, whereby able-bodied men were assessed a high monetary tax, which they could pay via forced labor.
16.
These gifts were, he argued, a " total prestation . " They were not simple, alienable commodities to be bought and sold, but, like the " Crown jewels ", embodied the reputation, history and sense of identity of a " corporate kin group, " such as a line of kings.
17.
First, supervening impossibility of performance, which is not due to the fault of either party, does not terminate the contract, contrary to the normal rule, unless the debtor can show that, even if he had performed timeously, the same fate would have befallen the prestation in the hands of the creditor ( perpetuatio obligationis ).
18.
In " NBS Boland Bank v One Berg River Driver and Others ", the court held that, save, perhaps, where a party is given the power to fix his own prestation, or to fix a purchase price or rental, a stipulation conferring upon a contractual party the right to determine a prestation is unobjectionable.
19.
In " NBS Boland Bank v One Berg River Driver and Others ", the court held that, save, perhaps, where a party is given the power to fix his own prestation, or to fix a purchase price or rental, a stipulation conferring upon a contractual party the right to determine a prestation is unobjectionable.
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