Conditions may be either precedent or subsequent; conditions precedent require performance before the estate shall vest, and conditions subsequent may cause a forfeiture of a vested estate. The law favors conditions to be subsequent rather than precedent and to be remediable by damages rather than by forfeiture.
History. Orig. Code 1863, § 2276; Code 1868, § 2269; Code 1873, § 2295; Code 1882, § 2295; Civil Code 1895, § 3137; Civil Code 1910, § 3717; Code 1933, § 85-902.
Law reviews.
For article discussing problems in construction of instrument conveying gift to a group or class, see 6 Ga. St. B.J. 169 (1969).
Structure Georgia Code
Article 3 - Estates Granted Upon Conditions
§ 44-6-40. Grant of Estates Upon Conditions
§ 44-6-41. Conditions Precedent and Subsequent Distinguished; Preferred Construction and Remedy
§ 44-6-42. Right of Entry After Breach of Condition Subsequent
§ 44-6-43. Certain Conditions Void
§ 44-6-44. Effect of Legal Disabilities on Conditions; Notice of Condition