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NeCede's

Maxim 1.5.304

What is in suspense is considered as not existing during such suspense.

Source: Dig. 50, 17, 169, 1; Weisman, 95w Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A right, title, or obligation that is contingent or undetermined has no present legal effect — it cannot be enforced, transferred, or relied upon until the condition resolves.

Where this applies

  • A buyer places a deposit on a house contingent on obtaining a mortgage, and until the mortgage is approved or denied, neither party can enforce the sale because the contingent contract has no present legal effect.
  • A beneficiary is named in a will that is subject to a pending legal challenge, and until the challenge is resolved, the beneficiary cannot claim the inheritance because the bequest is in suspense.
  • A conditional pardon is issued but its conditions have not yet been met, and the prisoner cannot claim release because the pardon is not yet operative.

Legal domains

Cite this maxim

NeCede Max. 1.5.304 — What is in suspense is considered as not existing during such suspense. — Dig. 50, 17, 169, 1; Weisman, 95w

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