Juridical Dictionary

This dictionary contains:
8526
juridical terms

Condition precedent




Condition precedent

A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place. Many residential real estate contracts have a condition precedent which states that the contract is not binding until and unless the property is subjected to an professional inspection, the results of which are satisfactory to the purchaser. Compare with "condition subsequent".

RELATED TERMS
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Condition
Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise.

Effect
The operation of a law, of an agreement, or an act, is called its effect.

Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.

Place
Pleading, evidence. A particular portion of space; locality.

Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Estate
A right or interest in property or the property of a deceased person.

Precedent
A case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. Precedent form the basis of the theory of stare decisis which prevent "reinventing the wheel" and allows citizens to have a reasonable expectation of the legal solutions which apply in a given situation.

States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.

Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.

Inspection
1) Common law. The examination of certain articles made by law subject to such examination, so that they may be declared fit for commerce. The decision of the inspectors is not final; the object' of the law is to protect the community from fraud, and to preserve the character of the merchandise abroad. 2) Practice. Examination.

Purchaser
contracts. A buyer, a vendee.



SIMILAR TERMS
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Condedit
Ecclesiastical law. The name of a plea, entered by a party to a libel filed in the ecclesiastical court, in which it is pleaded that the deceased made the will which is the subject of the suit, and that he was of sound mind.

Condelegates
Advocates who have been appointed judges of the bigh court of delegates are so called.

Condemnation
Civil law. A sentence of judgment which condemns some one to do, to give, or to pay something; or which declares that his claim or pretensions are unfounded.

Condictio indebiti
Civil law. When the plaintiff has paid to the defendant by mistake what he was not bound to pay either in fact or in law, he may recover it back by an action called condictio indebiti.

Condiction
Lat. condictio. This term is used in the civil law in the same sense as action.

Conditio
Latin. A stipulation, proviso, condition.

Conditio sine qua non
A condition without which (a thing can) not (exist); an indispensable prerequisite.

Condition
Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise.

Condition subsequent
A condition in a contract that causes the contract to become invalid if a certain event occurs. This is different from a condition precedent. The happening of a condition subsequent may invalidate a contract which is, until that moment, fully valid and binding. In the case of a condition precedent, no binding contract exists until the condition occurs.

Conditional legacy
A request which is to take effect upon the happening or, not happening of a certain event.

Conditional obligation
One which is superseded by a condition under which it was created and which is not yet accomplished.

Conditional release
A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.

Conditional resident
Any alien granted permanent resident status on a conditional basis, who is required to petition for the removal of the set conditions before the second anniversary of the approval of his or her conditional status.

Conditions of sale
Contracts. The terms upon which the vendor of property by auction pro poses to sell it.

Condonation
Divorces can be obtained by showing a fault of the other spouse, such as adultery or cruelty. But a court will refuse to grant a divorce based on these grounds if there has been "condonation", which is the obvious or implied forgiveness of the fault. For example, if the "injured" spouse resumes cohabitation with the "guilty" spouse after being informed of the adultery, and for a long period or time, the "injured" spouse may be barred from divorce on the grounds of adultery because of "condonation".

Conduct
Law of nations. This term is used in the phrase safe conduct, to signify the security given, by authority of the government, under the great seal, to a stranger, for his quietly coming into and passing out of the territories over which it has jurisdiction.

Conduct money
The money advanced to a witness who has been subpoenaed to enable him to attend a trial, i's so called.

Conduct of the trial
The manner in which a trial and its proceedings are carried out, e.g. the rules which decide such matters as the oath to be administered, and whether the court or opposing attorneys question witnesses. The conduct of the trial is purely a question for the lex fori (infra).

Conductor operarum
Civil law. One who undertakes, for a reward, to perform a job or piece of work for another.



PREVIOUS AND NEXT TERMS
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Condictio indebiti
Civil law. When the plaintiff has paid to the defendant by mistake what he was not bound to pay either in fact or in law, he may recover it back by an action called condictio indebiti.

Condiction
Lat. condictio. This term is used in the civil law in the same sense as action.

Conditio
Latin. A stipulation, proviso, condition.

Conditio sine qua non
A condition without which (a thing can) not (exist); an indispensable prerequisite.

Condition
Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise.

Condition precedent

Condition subsequent
A condition in a contract that causes the contract to become invalid if a certain event occurs. This is different from a condition precedent. The happening of a condition subsequent may invalidate a contract which is, until that moment, fully valid and binding. In the case of a condition precedent, no binding contract exists until the condition occurs.

Conditional legacy
A request which is to take effect upon the happening or, not happening of a certain event.

Conditional obligation
One which is superseded by a condition under which it was created and which is not yet accomplished.

Conditional release
A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.

Conditional resident
Any alien granted permanent resident status on a conditional basis, who is required to petition for the removal of the set conditions before the second anniversary of the approval of his or her conditional status.

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This dictionary contains 8526 terms.







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