An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.
Interpretation of ObligationsConditional Obligations
Section § 1434
This law says an obligation is considered conditional if it relies on an event that might or might not happen. In other words, the rights or duties involved depend on some uncertain future event.
conditional obligation uncertain event rights
Section § 1435
This law section explains that conditions in legal agreements can happen before (precedent), at the same time as (concurrent), or after (subsequent) an event or obligation.
Conditions may be precedent, concurrent, or subsequent.
condition precedent concurrent conditions subsequent conditions
Section § 1436
This law explains that a 'condition precedent' is something that must happen before a related right or action can take place or be completed.
A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.
condition precedent performance requirement dependent right
Section § 1437
This law explains that concurrent conditions are situations where two duties or actions rely on each other and need to happen simultaneously.
Conditions concurrent are those which are mutually dependent, and are to be performed at the same time.
concurrent conditions mutually dependent performed at the same time
Section § 1438
This law explains that a 'condition subsequent' involves a future event that, if it happens, allows one party to end their obligation under a contract, but only if they decide to use this option.
A condition subsequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition.
condition subsequent future event contract termination
Section § 1439
If you want someone to do something they've agreed to in a contract, you first need to do everything you’re supposed to do as stated in the contract. You also have to be ready and willing to uphold your side of the deal at the same time the other person does their part, unless another rule applies.
Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able and offer to fulfill all conditions concurrent so imposed upon him on the like fulfillment by the other party, except as provided by the next section.
contractual obligations conditions precedent performance requirement
Section § 1440
If someone is supposed to do something under a contract, but they tell the other person ahead of time that they won't do it, and they don't change their mind before their deadline, the other person can make them fulfill the contract without having to do whatever they were supposed to under the contract first.
If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part in favor of the former party.
contract breach anticipatory repudiation obligation enforcement
Section § 1441
If a contract includes a condition that can't be fulfilled, is illegal, or goes against the purpose of the contract, that condition is not valid.
A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the Article on the Object of Contracts, or which is repugnant to the nature of the interest created by the contract, is void.
impossible conditions unlawful contract terms contract conditions
Section § 1442
If there's a condition that causes someone to lose their rights or property, the rules about it will be closely analyzed to make sure they're not unfairly benefiting the person who wants to enforce this loss.
A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.
forfeiture condition strict interpretation benefit party
