| 词汇 | Condition3 |
| 释义 | `1`Condition3 `2` "Legal Lexicon": A repugnant condition is one which is contrary to the contract; as if I grant to you a house and lot in fee, upon condition that you shall not aliene, the condition is repugnant and void, as being inconsistent with the estate granted. A resolutory condition in the civil law is one which has for its object, when accomplished, the revocation of the principal obligation. This condition does not suspend either the existence or the execution of the obligation, it merely obliges the creditor to return what he has received. A suspensive condition is one which susends the fulfilment of the obligation until it has been performed. E.g., if a man bind himself to pay one hundred dollars upon condition that the ship Thomas Jefferson shall arrive from Europe. The obligation in this case, is suspended until the arrival of the ship, when the condition having been performed, the obligation becomes absolute and is no longer conditional. A suspensive condition is in fact a condition precedent. Some further divide conditions into potestative, casual and mixed. A potestative condition is that which is in the power of the person in whose favor it is contracted. E.g., if I engage to give my neighbor a sum of money, in case he cuts down a tree which obstructs my prospect. A casual condition is one which depends altogether upon chance, and not in the power of the creditor. E.g., if I have children; if I have no children; if such a vessel arrives in the United States, etc. A mixed condition is one which depends on the will of the creditor and of a third person. E.g., if you marry my cousin. --b-- |
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