Title 18, Business Structure and Function

A party to a joint, or joint and several obligation, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him. SOURCE: CC § 1432. NOTE: No 1970 Civil Code '1433 existed. CROSS-REFERENCES: See 7 GCA C…

An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event. SOURCE: CC § 1434.

Conditions may be precedent, concurrent, or subsequent. SOURCE: CC § 1435. COL120106

A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is per- formed. SOURCE: CC § 1436.

Conditions con-current are those which are mutually dependent, and are to be performed at the same time. SOURCE: CC § 1437.

A condition sub-sequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition. SOURCE: CC § 1438.

Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself, and must be able and offer to fulfill all conditions concurrent so imposed upon him on the like fulfillment by the other…

If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation…

A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the Article on the Object of Contracts [in Division II of this Title], or which is repugnant to the nature of the interest COL120106 created by the contract, is void. SOURCE: CC §…

A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created. SOURCE: CC § 1442. NOTE: No 1970 Civil Code '§ 1443-1447 existed. ---------- ARTICLE 5 ALTERNATIVE OBLIGATIONS

If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is otherwise provided by the terms of the obligation. SOURCE: CC § 1448.

If a party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, th…

The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another without the consent of the other party. COL120106 SOURCE: CC § 1450.

If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation is to be interpreted as though the other stood alone. SOURCE: CC § 1451. NOTE: No 1970 Civil Code '§ 1452-1456 existed. …