Proviso

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Proviso

A condition, stipulation, or limitation inserted in a document.

A condition or a provision in a deed, lease, mortgage, or contract, the performance or non-performance of which affects the validity of the instrument. It generally begins with the word provided.

A proviso clause in a statute excepts something from statutory requirements, qualifies the statute, or excludes some potential area of misinterpretation.

proviso

n. a term or condition in a contract or title document.

See: arrangement, article, attornment, clause, condition, need, option, prerequisite, provision, qualification, requirement, reservation, salvo, specification, term, ultimatum, understanding

PROVISO. The name of a clause inserted in an act of the legislature, a deed, a written agreement, or other instrument, which generally contains a condition that a certain thing shall or shall not be done, in order that an agreement contained in another clause shall take effect.
     2. It always implies a condition, unless subsequent words change it to a covenant; but when a proviso contains the mutual words of the parties to a deed, it amounts to a covenant. 2 Co. 72; Cro. Eliz. 242; Moore, 707 Com. on Cov. 105; Lilly's Reg. h.t.; 1 Lev. 155.
     3. A proviso differs from an exception. 1 Barn. k Ald. 99. An exception exempts, absolutely, from the operation of an engagement or an enactment; a proviso defeats their operation, conditionally. An exception takes out of an engagement or enactment, something which would otherwise be part of the subject-matter of it; a proviso avoids them by way of defeasance or excuse. 8 Amer. Jurist, 242; Plowd. 361; Carter 99; 1 Saund. 234 a, note; Lilly's Reg. h.t.; and the cases there cited. Vide, generally Amer. Jurist, No. 16, art. 1; Bac. Ab. Conditions, A; Com. Dig. Condition, A 1, A 2; Darw. on Stat. 660.

References in periodicals archive ?
This is a highly sophisticated effort to construe the proviso as a limitation upon the principal clause.
Use of a proviso 'to state a general, independent rule,' Alaska v.
Even if the best reading of the EWSAA proviso were that it encompassed only statutes that impose sanctions or prohibit assistance to state sponsors of terrorism, see Acree, 370 F.
Although the restrictions they do not affect the system performance required under the contract, if Turkey wants to make modifications to the system in the future, these provisos would prevent doing so.
He said this the US government's provisos were very limited and do not influence overall system performance.
But the second proviso also seems rather too strong.
The moral seems to be that we should abandon the fourth proviso, along with the first and the third, if we want to allow religious experience to have a role in arguments for God's existence.
If some modifications are needed in the system in the future, these provisos prevent it.
For the provisos connected with the technology transfer, the same SSM source claimed "some of the recent limitations can be softened in time according to the betterment of the political relations between Turkey and the US.
It is exactly this necessary condition that the Blockian Proviso imposes on a system of rights in order to filter out irrational and unjust rights.
We are now ready to deal with the merits of the Blockian Proviso in action as well as with the critiques that have been issued against it.
So, either we have the Blockian Proviso and just rights or we have contradiction and conflict.