1434-1442
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.