A Topic of Moral Theology

Conditional contracts and earnest money

Conditions past and future; earnest

Also asked about as…

losing a deposit (ed.)

In the index as Earnest-money · Contract · Condition · Sale · Penalty · Betrothals · Buying and selling · Conditional contract · Law · Mode · Money · Oath · Promise

In the manuals

A Manual of Moral Theology for English-Speaking Countries

Vol. I, Bk. VII, Pt. I, Chapter V. Consideration and Effects of Contract, nn. 4 & 5 (2 passages — hover a number to read it)

Manual of Moral Theology (Manuale Theologiae Moralis)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § VI, Point I. On Buying and Selling Generally, n. 899 — VIII. Obligations of the buyer. The buyer is bound to pay the just price, and this at the time and in the mode concerning which agreement was made. Besides, compare civil law. But if he himself perhaps received false mon… Read in context →

Vol. II, Bk. III, Tr. VIII, Diss. I, Pt. I, Sect. III, Ch. II, Scholion. On Accidental Elements of Betrothals, n. 672 — I. A penalty is added to betrothals if the parties agree that something is to be paid by the one withdrawing. A stipulation of a penalty to be paid by one withdrawing justly is illicit and invalid, as being injurious to … Read in context →

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Vol. II, On the Seventh and Tenth P…, IV. On the Modes of Acquiring Ownership by Private Will, n. 980 — When is a contract with a penal clause had? - What is understood by earnest money? R. To the first: A contract with a penal clause is when someone, to firm an obligation, binds himself to something if he does not keep it… Read in context →

Vol. II, On the Seventh and Tenth P…, XII. On Sale and Purchase, n. 1129 — What force do arrhae add to sale? What force does a promise of sale have? According to Roman Law: If arrhae are added only to a promise of sale, they do not confirm the contract, but each of the contracting parties can w… Read in context →

Vol. IV, On Marriage, I. On Betrothals and on the Banns, n. 943 — Is one withdrawing from betrothals bound to restore the earnest money? That betrothals can be contracted with earnest money given, there is no doubt. For earnest money is a pledge given of fulfilling the thing promised. … Read in context →

Manuale Theologiae Moralis

Vol. II, Tr. XI, Sect. I, Q. IV, Ch. I, Article III. On the Effect or Obligation of Contracts, n. 261 — 261. A contract under a condition. A condition added to a contract can be either of the present, or of the past, or of the future. If it is of the past or of the present, then, when the condition is verified, the obligat… Read in context →

Summa Theologiae Moralis

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Sect. C, Ch. I, Question Five: On the Effect or Obligation of Contract, n. 473 (7 passages — hover a number to read it)

Christian Theology, Dogmatic and Moral, in Compendium

Diss. III, Chapter II — On the various contracts, n. X — X. QUESTION V. How does a contract bound by a condition oblige? ANSWER. A condition added to a contract regards time either past, or present, or future. That which regards the first two times is not properly a condition,… Read in context →

Palladium Theologicum, Tome V: On the Virtues

Tr. II, Disputation I: On Contract…, Question V: On conditional contracts, nn. 1–17 (17 passages)

Treated under the broader heading Consideration and the effects of contract — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884) · Marc, Institutiones Morales · Konings, Theologia Moralis — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)