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NeCede's

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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