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HomeCivil CodeDiv. 2Pt. 1Ch. 2Art. 2§ 709 Void Unlawful Conditions

§ 709 Void Unlawful Conditions

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 709 Void Unlawful Conditions

Key Takeaways

  • •If a contract asks you to do something bad or illegal, that part of the contract doesn't count.
  • •If the contract asks you to do something that's not bad but still against the law, the contract works but that rule is ignored.
  • •You can't make a rule in a contract that stops someone from getting married (unless they're a kid).
  • •If the contract is just about giving something to someone until they get married, that's okay.

Example

If you sign a contract that says you'll get paid only if you steal a car, that part about stealing is ignored because stealing is bad.

The contract can still work, but the rule about stealing doesn't count because it's wrong.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 709 Void Unlawful Conditions

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. (Enacted 1872.) [710.]     Section Seven Hundred and Ten. Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage. (Amended by Code Amendments 1873-74, Ch. 612.)

Last verified: January 21, 2026

Key Terms

condition precedentact wrong of itselfinstrumentvoid

Related Statutes

  • § 1109 Conditional Grant Reconveyance Requirement
  • § 1104 Property Transfer Easement Rights
  • § 1105 Presumed Fee Simple Grants
  • § 1106 After-Acquired Property Transfer
  • § 1107 Property Grant Conclusiveness

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 709.
View Official Source