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NeCede's

Maxim 6.4.3

An unlawful condition is deemed as not annexed.

Conditio illicita habetur pro non adjecta.

Source: BL4 "Conditio"; cf. Co. Litt. 206; Weisman, 19c Difficulty 2/5 — Approachable

Explanation

A condition that requires something unlawful is struck from the grant without destroying the grant itself — the grantor cannot poison his own gift.

Where this applies

  • A gift was given with the condition that I commit a crime to keep it — that condition is void.
  • The deed says I must violate building codes to maintain ownership — that can't be right.

Legal domains

See also

Cite this maxim

NeCede Max. 6.4.3 — An unlawful condition is deemed as not annexed. — BL4 "Conditio"; cf. Co. Litt. 206; Weisman, 19c (Conditio illicita habetur pro non adjecta.)

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