Point I. On the Effects of a Contract under a Condition

I. A condition concerning the past¹ or concerning the present² brings it about that the contract immediately subsists or does not subsist, according as the condition has been fulfilled or not fulfilled. But execution of the contract is suspended until it is known whether the condition has been fulfilled or not.

¹ For example: if your father has died, I give this thing to you.

² For example: if you are a minor, I confer this or that on you.

II. A condition concerning the future operates thus:

1. A condition concerning a future necessary event,¹ as known as such, is presumed to be interpreted in such a way that it does not suspend the existence of the contract, but only its execution; hence the contract immediately subsists.

2. A condition concerning a future contingent event:

a) If it is suspensive,² it effects: 1° that the value of the contract and the obligation of executing it are suspended; 2° that the debtor must await the event of the condition and not impede it; 3° that, once the condition has been fulfilled, the contract becomes absolute without new consent.

Question. What does revocation of consent, made before the condition has been fulfilled, effect?

Response. Consent revoked in this way prevents the contract from being perfected when the condition has been fulfilled, since the will ceases without which the contract cannot be perfected. If, however, consent is revoked illegitimately, the obligation of furnishing that which the contract involved per se persists by force of the obligation of repairing the injury.

b) If it is resolutory,³ it effects: 1° that the contract immediately has force and must be put into execution; 2° that fulfillment of the condition must be awaited and not impeded; 3° that, once the condition has been fulfilled, the contract ceases, and things must be restored to their former state; 4° that, if the condition fails, the contract becomes absolute; but the condition is judged to fail when it becomes certain that it will never be fulfilled.

¹ For example: I give you a watch if I die.

² For example: if that business succeeds, I give you 100 florins.

³ I give you 100 florins until you have arrived at a better state.

III. Things to be observed concerning certain particular conditions.

1. A condition concerning an impossible thing¹ effects that the contract is null; one who contracts thus is not judged to will to contract. If, however, the condition is added only in jest, the contract is valid.

2. A condition, merely suppositive,² concerning a base thing³ effects that the promisor can and must revoke the promise before the base act has been performed; once it has been revoked, the contract wholly collapses. If he has not revoked it, in our opinion he is bound, at least per se, after the condition has been fulfilled, to stand by the things promised, because a conditioned contract, although under a base condition, does not seem to be plainly null from the beginning, and therefore, once the condition has been fulfilled, to obtain effect.⁴

3. A condition contrary to the substance of the contract⁵ makes the contract void if it is truly placed as a condition. For consent is lacking with respect to the object of the contract, since it is destroyed by the condition.

¹ I give you 100 florins if you stop the course of the sun.

² It is merely suppositive if the condition is not added as one to be placed.

³ I promise you 10 florins if you admit intercourse.

⁴ Those things which according to the things said in n. 833 militate against a contract under a base condition to be placed can by no means be urged by the same right against a contract under a merely suppositive base condition.

⁵ I contract with you if you renounce the right to begetting offspring.