CHAPTER 3. Conditional Obligations

Chapter 3 enacted 1872.

§§ 1434–1442 · 9 sections

• § 1434 An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.
• § 1435 Conditions may be precedent, concurrent, or subsequent.
• § 1436 A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.
• § 1437 Conditions concurrent are those which are mutually dependent, and are to be performed at the same time.
• § 1438 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…
• § 1439 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;…
• § 1440 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…
• § 1441 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…
• § 1442 A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.