What Is a Condition Law Definition

A State of opportunity is a State that depends entirely on chance and not on the power of the creditor. E.B. if I have children; if I do not have children; when such a ship arrives in the United States, etc. A positive condition requires that the event under consideration occur. Z.B. “When I get married.” A negative condition requires that the event under consideration not occur. Z.B. “If I don`t get married.” A condition precedent must occur before a right arises. A woman can pass on her house to her son, provided that the son marries at the age of twenty-five. If the son does not marry until that age, he has lost his right to the house. Similarly, in contract law, if an agreement is signed by one party and sent to a second party with the intention that it becomes unenforceable until the second party signs it, the signing of the second party would be a condition precedent to its effectiveness.

The condition sometimes dissolves the contract. E.B. if I sell you my horse, provided that it is alive on the first day of January, and that it dies before that hour. An express condition is a condition created by express words. For example, a condition in a lease that if the tenant does not pay the rent on the same day, the landlord can return. An impossible state is a state that cannot be accomplished according to the laws of nature; to get from the United States to Europe in an hour. Such a condition is null and void. When a state becomes impossible by an act of God, it confers or not the succession, since it is an equal precedent or as follows: if it is the first, no domain is acquired, if the second applies, it becomes absolute. If compliance with the condition becomes impossible by the action of the party who imposed it, the succession becomes absolute.

Simultaneous conditions are contractual conditions that each Contracting Party must fulfil at the same time. A uniform condition is a condition that is compatible with other parts of the contract. A condition precedent is a condition that suspends the performance of the obligation until it is fulfilled. E.B. when a man agrees to pay a hundred dollars, on condition that the ship Thomas Jefferson arrives from Europe. In this case, the obligation is suspended until the arrival of the ship, when the condition is met, the obligation becomes absolute and is no longer conditional. A condition precedent is, in fact, a condition precedent. A condition can be explicit or implicit. An explicit condition is clearly stated and incorporated into specific and unambiguous terms in a contract, lease or deed, such as. B the provision in an installment loan agreement that, if the balance is paid before a certain date, the debtor`s interest will be reduced. A subsequent condition means that a person may be deprived of a right when a certain event occurs. An owner of land may transfer land to a city provided that it is used only for ecclesiastical purposes.

If the transferred land is used to build a shopping mall, ownership reverts to the original owner. A repugnant condition is one that violates the contract; As if I were granting you a house and land for a fee, provided that you do not exclude, the condition is repugnant and void because it is incompatible with the granted succession. Persons. The situation in civil society that creates certain relationships between the person to whom it is applied and one or more others, from which reciprocal rights and obligations arise. Thus, the situation arising from marriage leads to the conditions of husband and wife to those of paternity to the conditions of father and child. A disjunctive condition is a condition that gives the party concerned the right to apply one of the two options. In a less extensive hypothesis, but in the true sense of the word, a condition is a future and uncertain event, on which depends the existence or non-existence on which the performance, modification or cancellation of an obligation or testamentary disposition depends. In contract law as well as in the case of successions and transfers, suspensive and subsequent conditions may apply. A subsequent condition is one that enlarges or defeats an estate or right already created. A fee transfer that reserves a lifetime estate in one part of the country and is made on the condition that the beneficiary pays certain sums of money to several people at different times passes on the costs to the next condition. Sometimes it is very important to determine whether the condition is suspensive or retrospective. If a condition precedent becomes impossible by a case of force majeure, no succession or right is transferred, but if the condition is retrospective, the succession or right becomes absolute.

Conditions sometimes suspend the obligation if they are not intended to produce an effect until they are met. .