Difference / Distinction between Condition Precedent and Condition Subsequent



No.

Condition Precedent

Condition Subsequent  


1)

A condition precedent is one the fulfillment of which completes an inchoate title.


A condition subsequent is one of the fulfillment of which extinguishes a title already completed.  


2)

A condition precedent always comes before the creation of an interest.


A condition subsequent always follows the vesting of an interest which is already complete.


3)

In the case of Condition precedent, the vesting of the estate is postponed till the performance of the condition precedent.


In the case of condition subsequent, vesting is complete and not postponed.

4)

In the case of condition precedent, an interest once vested can never be divested by reason of non-fulfillment of the condition.


In the case of condition subsequent, interest, even though vested, is liable to be divested by reason of the non-fulfillment of the condition.

5)

In the case of condition precedent, an estate is not in the grantee until the condition precedent is performed.




In the case of condition subsequent, the estate immediately vests in the grantee and remains in him till the condition is broken.

6)

In the case of condition precedent, transfer will be void if the condition precedent is impossible to performance, or immoral or opposed to public policy.  

In the case of condition subsequent , the transfer becomes absolute and the condition will be ignored if that condition is impossible of performance or immoral or against to public policy.



7)

In the case of condition precedent, the condition precedent must be valid in law.


In the case of condition subsequent, it need not be so and the invalidity of the conditions can be ignored.



8)

In the case of condition precedent, the doctrine of cypres applies and the condition precedent is fulfilled if it is subsequently complied with.  


The doctrine of cypress does not apply.




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