Where the classical law of hiba applies, a donor completes an absolute gift of existing property but…
An otherwise complete absolute hiba can take effect while a condition repugnant to the grant is void. A purported gift that takes effect only on an uncertain future event…
Choose your answer
Where the classical law of hiba applies, a donor completes an absolute gift of existing property but attaches a condition that derogates from the completeness of the grant. What is the usual effect?
Answer and explanation
Correct answer D
An otherwise complete absolute hiba can take effect while a condition repugnant to the grant is void. A purported gift that takes effect only on an uncertain future event presents a different issue because the gift itself is contingent.
Option feedback
Option A
A repugnant condition does not defeat the otherwise complete absolute gift.
Option B
The repugnant condition has no independent effect.
Option C
The repugnant condition is void even though the gift stands.
Option D
The gift takes effect without the repugnant condition.
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