Maxim 6.4.1
A condition precedent must be fulfilled before the effect can follow.
Conditio praecendens adimpleri debet priusquam sequatur effectus.
Source: Co. Litt. 201; Jackson 121; Weisman, 19d
Difficulty 2/5 — Approachable
Explanation
No obligation arises under a conditional agreement until the condition is satisfied — government cannot demand performance while its own conditions remain unfulfilled.
Where this applies
- The government says I owe taxes but they haven't finished the assessment yet.
- My insurance company won't pay my claim even though I met all the policy conditions.
Legal domains
See also
Cite this maxim
NeCede Max. 6.4.1 — A condition precedent must be fulfilled before the effect can follow. — Co. Litt. 201; Jackson 121; Weisman, 19d (Conditio praecendens adimpleri debet priusquam sequatur effectus.)
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