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обстоятельство, при наступлении которого (Condition precedent (CP) refers to an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty arises (WAD) Alexander Demidov); предварительное условие (Condition precedent (CP) refers to an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty arises. For instance, in the sentence "Jack will only go to heaven after he has died," the death of Jack is a condition precedent to Jack going to heaven (although it is also possible in this example for the occurrence of other conditions precedent to be needed before Jack goes to heaven: it is not stated that Jack will necessarily go to heaven if he dies). In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person. For comparison, a condition subsequent brings a duty to an end whereas a condition precedent initiates a duty. WK Alexander Demidov) | |||
предварительное условие | |||
условие вступления в силу (договора • Receipt of the signature advance by the Proprietor shall be a condition precedent of this Agreement coming into effect. oVoD) | |||
Inglés tesauro | |||
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Condition Precedent Suspensive Condition A condition precedent is a clause in a contract that provides that the performance of the contract or certain obligation will only come into effect on the completion or waiver of a future uncertain event within an agreed time period. Therefore, assuming the essential elements of a contract have been satisfied, a binding contract may be formed but the performance of the contract or certain obligations in the contract will only become due on the fulfilment or waiver of the condition precedent. (peolegal.co.bw LadaP) | |||
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⇒ closing conditions (Conditions Precedent (CP) – Often used synonymously with ► Closing Conditions in sale and purchase agreements; in some cases, the term "condition precedent" is only used for genuine conditions precedent (within the meaning of section 158 (1) of the German Civil Code (BGB)) where the corresponding effect occurs when the condition is fulfilled, without any further legal act being required. By contrast, in some cases the fulfilment of a closing condition only gives rise to a requirement under the law of obligations for the relevant party to honour its commitments. ) | |||
condition precedent : 7 a las frases, 3 temas |
Banco europeo para la reconstrucción y desarrollo | 3 |
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