Condition

In Civil Law, The situation of every person in some one of the different orders of persons which compose the general order of society, and allot to each person therein a distinct, separate rank. Domat, Civ. Law, tom. ii. lib.

1, tit. 9, § i, art. viii.

A paction or agreement which regulates that which the contractors have a mind should be done if a case which they foresee should come to pass. Domat Civ. Law, tom. i. lib.

1, tit. 1, § 4.

Domat says conditions are of three sorts. The first tend to accomplish the 'covenants to which they are annexed. The second dissolve covenants. The third neither accomplish nor avoid, but create, some change. When a condition of the first sort comes to pass, the covenant is thereby made effectual. In case of conditions of the second sort, all things remain in the condition they were in by the covenant, and the effect of the condition is in suspense until the condition comes to pass and the covenant is void. Domat, Civ. Law, lib. i. tit.

1, § 4, art. 6 et seq.

See Poth Obi. pt.

1, c. 2, art. 1, § 1; Id. pt. ii. c. 3, art.

2. (1) Casual conditions are such as depend upon accident, and are in no wise in the power of the person in whose favor the obligation is entered into. (2) Mixed conditions are such as depend upon the joint wills of the person in whose favor the obligation is contracted, and of a third person; as, "If you marry my cousin, I will give," etc. Poth. Obi. (3) Potestative conditions are those which are in the power of the person in whose favor the obligation was contracted; as, if I contract to give my neighbor a sum of money, in case he cuts down a tree. (4) Resolutory conditions are those which are added not to suspend the obligation till their accomplishment, but to make it cease when they are accomplished. (5) Suspensive obligations are those which suspend the obligation until the performance of the condition. They are casual, mixed, or potestative. In Common Law. The status or relative situation of a person in the state arising from the regulations of society. Thus, a person under twenty-one is an infant, with certain privileges and disabilities. Every A qualification, restriction, or limitation -modifying or destroying the original act with which it is connected. A clause in a contract or agreement intended to suspend, rescind, or modify the principal obligation, or, in case of a will, to suspend, revoke, or modify the devise or bequest.

1 Bouv. Inst, note 730.

A modus or quality annexed by him that hath an estate, or interest or right to the same, whereby an estate, etc., may either be defeated, enlarged, or created upon an uncertain event.

Co. Litt. 201a.

A qualification or restriction annexed to a conveyance of lands, whereby it is provided that in case a particular event does or does not happen, or in case the grantor or grantee does or omits to do a particular act, an estate shall commence, be enlarged, or be defeated.

Greenl. Cruise, Dig. tit. xiii. c. i. § 1.

A future uncertain event, on the happening or the nonhappening of which the accomplishment, modification, or rescission of a testamentary disposition is made to depend. (1) Affirmative conditions are positive conditions. Affirmative conditions implying a negative are spoken of by the older writers, but no such class is now recognized. Shep. Touch. 117. (2) Collateral conditions are those which require the doing of a collateral act. Shep. Touch. 117. (3) Compulsory conditions are such as expressly require a thing to be done. (4) Repugnant or insensible conditions are those inconsistent with the original act. (5) Consistent conditions are those which agree with the other parts of the transaction. (6) Copulative conditions are those which are composed of distinct parts or separate conditions, all of which must be performed. They are generally conditions precedent, but may be subsequent. Powell, Dev. c. 15. (7) Disjunctive conditions are those which require the doing of one of several things. If a condition become impossible in the copulative, it may be taken in the disjunctive. Viner, Abr. "Condition" (S b) (Y b 2). (8) Single conditions are those which require the doing of a single act only. (9) Restrictive conditions are such as contain a restraint, as that a lessee shall not alien. (10) Lawful conditions are those which the law allows to be made. (11) Unlawful conditions are those which the law forbids. (12) Independent conditions are those, each of which must be performed without regard to the performance of the others. (13) Dependent conditions are those the failure of performance of one of which excuses performance of the others. (14) Express conditions are those which are created by express words. Co. Litt. 328. (15) Implied conditions are those which the law supposes the parties to have had in mind at the time the transaction was entered into, though no condition was expressed. Implied conditions are also known as "covert conditions," or "conditions in law," but the latter term is little used by modern writers. 2 Bl. Comm. 155. (16) Impossible conditions are those which cannot be performed in the course of nature. (17) Possible conditions are those which may be performed. (18) Inherent conditions are such as are annexed to the rent reserved out of the land whereof the estate is made. Shep. Touch. 118. (19) Precedent conditions are those which are to be performed before the estate or the obligation commences, or the bequest takes effect. Powell, Dev. c.

15.

A bond to convey land on the payment of the purchase money furnishes a common example of a condition precedent.

9 Cush. (Mass.) 95.

They are distinguished from conditions subsequent. If the language of the particular clause or the whole instrument shows that the act upon which the estate depends must be performed before the estate vests, the condition is precedent, but if the act does not necessarily precede the vesting of the estate but may accompany or follow it, the condition is subsequent.

267 111.

107. (20) Subsequent conditions are those whose effect is not produced until after the vesting of the estate or bequest, or the commencement of the obligation. One by which an interest already vested may be divested, or a contingent interest defeated before vested.

190 111.

207. "Where a condition must be performed before the estate can commence, it is called a 'condition precedent'; but when the effect of the condition is to enlarge or defeat the estate already created, it is then called a 'condition subsequent.'" 12 Barb. (N. Y.) 440, A condition subsequent determines an estate after breach upon entry or claim by the proper person; as, limitation marks the period which ipso facto determines an estate.

3 Gray (Mass.) 143.