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Legal Definitions - sub conditione

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Definition of sub conditione

Term: sub conditione

Sub conditione is a Latin legal phrase meaning "under condition." It refers to a situation where an agreement, a transfer of property, or a legal obligation is made dependent on the fulfillment of a specific event or action. If the stated condition is not met, the agreement or transfer may become void, or the obligation may not arise.

  • Example 1: A parent deeds a piece of land to their adult child, but the deed includes a clause stating that the child must build a home on the property and reside in it for at least ten years. If the child sells the land or fails to build and live there within a specified period, ownership would revert to another designated beneficiary or the parent's estate.

    This illustrates "sub conditione" because the child's full and unconditional ownership of the land is made dependent upon them fulfilling the specific condition of building a home and residing there. The transfer of the property is "under condition."

  • Example 2: A will specifies that a substantial trust fund will be released to a grandchild *only if* they graduate from an accredited university with a bachelor's degree by the age of 25. If the grandchild does not meet this educational requirement by the deadline, the funds are instead directed to a specified charity.

    Here, the grandchild's right to receive the trust fund is "sub conditione" – it is entirely contingent upon them meeting the specific condition of earning a university degree by a certain age.

  • Example 3: A developer enters into an agreement to purchase a commercial building from a property owner, but the contract includes a provision that the sale is finalized *only if* the developer secures all necessary permits for a planned renovation project within six months. If the permits are not obtained by the deadline, either party can terminate the agreement without penalty.

    The completion of the property sale in this scenario is "sub conditione" to the developer successfully obtaining the required renovation permits within the agreed-upon timeframe. The transaction is conditional upon this specific event occurring.

Simple Definition

Sub conditione is a Latin legal term meaning "under condition." It signifies that a legal act, often within a deed, is subject to a specific condition that must be met for the act to be fully effective or to remain valid.

The law is a jealous mistress, and requires a long and constant courtship.

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