SECTIONS 1434-1442 - California Statutes

CIVIL CODE

SECTION 1434-1442

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 chooses to avail himself of the
condition.

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; 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.

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 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.

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 repugnant to the nature of the
interest created by the contract, is void.

1442. A condition involving a forfeiture must be strictly
interpreted against the party for whose benefit it is created.