California CodesCivil Code - CIVDivision 2 — PropertyPart 1 — Property in GeneralTitle 2 — OwnershipChapter 2 — Modifications of OwnershipArticle 2 — Conditions of OwnershipSection 709

If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.

Notes

Bars a right from existing where a condition precedent requires an act wrong in itself, voiding the instrument that far. Keeps the instrument in effect and voids only the condition where the required act is not wrong in itself but is otherwise unlawful.

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