Skip to content
NeCede's

Maxim 12.9.3

An uncertain day is held as a condition.

Dies incertus pro conditione habetur.

Source: Black's Law Dictionary, 4th ed., 367; cf. Dig. 36, 2, 5; Weisman, 100d Difficulty 2/5 — Approachable

Explanation

Where an obligation is fixed to a day that may or may not arrive, the day is treated as a condition precedent — the obligation does not mature until the uncertain event occurs.

Where this applies

  • The obligation depends on a day that may or may not come.
  • An uncertain future date is treated as a condition, not a deadline.
  • The obligation doesn't kick in until the uncertain event actually happens.

Topics

Time & Limitations

Legal domains

contractprocedural

See also

Cite this maxim

NeCede Max. 12.9.3 — An uncertain day is held as a condition. — Black's Law Dictionary, 4th ed., 367; cf. Dig. 36, 2, 5; Weisman, 100d (Dies incertus pro conditione habetur.)

Found an error? Suggest a correction →