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Abus de droit
Abus de droitAbuse of right. A person may be liable for harm caused by doing something which one, nevertheless, has a right to do, if the right was: a) principally intended to cause harm; b) or was used without a legitimate, interest justifying judicial protection; c) or was used in bad faith; d) or was contrary to basic rules of morality or fairness. RELATED TERMS-------------------------------------- Abuse Every thing which is contrary to good order established by usage. Right 1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself. Person This word is applied to men, women and children, who are called natural persons. Liable Legally responsible. Cause 1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action. Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. Legitimate That which is according to law; as, legitimate children, are lawful children, born in wedlock, in contradistinction to bastards; legitimate autbority, or lawful power, in opposition to usurpation. Interest 1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties. Judicial Belonging, or emanating from a judge, as such. Protection 1) English law. A privilege granted by the king to a party to an action, by which he is protected from a judgment which would otherwise be rendered against him. 2) Government. That benefit or safety which the government affords to the citizens. 3) merc. law. The name of a document generally given by notaries public, to sailors and other persons going abroad, in which is certified that the bearer therein named, is a citizen of the United States. Faith Probity; good faith is the very soul of contracts. Faith also signifies confidence, belief; as, full faith and credit ought to be given to the acts of a magistrate while acting within his jurisdiction. Rules English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls. SIMILAR TERMS-------------------------------------- Abuse Every thing which is contrary to good order established by usage. PREVIOUS AND NEXT TERMS-------------------------------------- Absque impetitione vasti Without impeachment of waste. Without any right to prevent waste. Absque tali causa This phrase is used in a traverse de injuria, by which the plaintiff affirms that without the cause in his plea alleged he commit the said trespasses. Abstention French law. This is the tacit renunciation by an heir of a succession. Abstract of record A short, abbreviated form of the case as found in the record. Abstract of title A brief account of all the deeds upon which the title to an estate rests. Abus de droit Abuse Every thing which is contrary to good order established by usage. Abuttals The buttings and boundings of land, showing on what other lands,rivers, highways, or other places it does abut. Ac etiam English law. In order to give jurisdiction to a court, a cause of action over which the court has jurisdiction is alleged, and also,, (ac etiam) another cause of action over which, without being joined with the first, the court would have no jurisdiction; Accedas ad curiam English law. That you go to court. Accedas ad vicecomitem English law.The name of a writ directed to the coroner, commanding him to deliver a writ to the sheriff, who having a pone delivered to him, suppresses it. We thank you for using the Juridical Dictionary to search for Abus de droit. If you have a better definition for Abus de droit than the one presented here, please let us know by making use of the suggest a term option. This definition of Abus de droit may be disputed by other professionals. Our attempt is to provide easy definitions on Abus de droit and any other medical topic for the public at large.
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