| 词汇 | Condition2 |
| 释义 | `1`Condition2 `2` "Legal Lexicon": An implied condition is one created by law and not by express words. For example, at common law the tenant for life holds upon the implied condition not to commit waste. A lawful or legal condition is one made in consonance with the law. This must be understood of the law as existing at the time of making the condition, for no change of the law can change the force of the condition. For example, a conveyance was made to the grantee on condition that he should not aliens until he reached the age of twenty-five years. Before he acquired this age he aliened, and made a second conveyance after he obtained it; the first deed was declared void, and the last valid. When the condition was imposed twenty-five was the age of majority in the state; it was afterwards changed to twenty-one. Under these circumstances the condition was held to be binding. An unlawful or illegal condition is one forbidden by law. Unlawful conditions have for their object; l. to do something malum in se, or malum prohibitum; 2. to omit the performance of some duty required by law; 3. to encourage such act or omission. When the law prohibits, in express terms, the transaction in respect to which the condition is made and declares it void, such condition is then void, but when it is prohibited without being declared void, although unlawful, it is not void. Conditions in restraint of marriage are odious and are therefore held to the utmost rigor and strictness. They are contrary to sound policy and by the Roman law were all void. A condition precedent is one which must be performed before the estate will vest, or before the obligation is to be performed. Whether a condition shall be considered as precedent or subsequent depends not on the form or arrangement of the words, but on the manifest intention of the parties and on the fair construction of the contract. A subsequent condition is one which enlarges or defeats an estate or right already created. A conveyance in fee, reserving a life estate in a part of the land, and made upon condition that the grantee shall pay certain sums of money at divers times to several persons, passes the fee upon condition subsequent. Sometimes it becomes of great importance to ascertain whether the condition is precedent or subsequent. When a precedent condition becomes impossible by the act of God, no estate or right vests, but if the condition is subsequent, the estate or right becomes absolute. A possible condition is one which may be performed and there is nothing in the laws of nature to prevent its performance. An impossible condition is one which cannot be accomplished according to the laws of nature; as to go from the United States to Europe in one hour. Such a condition is void. When a condition becomes impossible by the act of God, it either vests the estate or does not, as it is precedent or subsequent: When it is the former, no estate vests when the latter, it becomes absolute. When the performance of the condition becomes impossible by the act of the party who imposed it the estate is rendered absolute. A positive condition requires that the event contemplated shall happen. E.g., 'If I marry.' A negative condition requires that the event contemplated shall not happen. E.g., 'If I do not marry.' A copulative condition is one of several distinct matters, the whole of which are made precedent to the vesting of an estate or right. In this case the entire condition must be performed or the estate or right can never arise or take place. Such a condition differs from a disjunctive condition, which gives to the party the right to perform the one or the other; for in this case, if one becomes impossible by the act of God, the whole will, in general, be excused. However, this rule is not without exception. A disjunctive condition is one which gives the party to be affected by it the right to perform one of two alternatives. A consistent condition is one which agrees with other parts of the contract. Go to Condition3 |
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