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Antichresis
AntichresisContracts. A word used in the civil law to denote the contract by which a creditor acquires the right of reaping the fruit or other revenues of the immovables given to him in pledge, on condition of deducting, annually, their proceeds from the interest, if any is due to him, and afterwards from the principal of his debt. RELATED TERMS-------------------------------------- Word Construction. One or more syllables which when united convey an idea a single part of speech. Civil 1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. Creditor Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something. 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. Fruit Property. The produce of tree or plant containing the seed or used for food. Fruit is considered real estate, before it is separated from the plant or tree on which it grows; after its separation it acquires the character of personally, and may be the subject of larceny; it then has all the qualities of personal property. The term fruit, among the civilians, signifies not only the production of trees and other plants, but all sorts of revenue of whatever kind they may be. Pledge Pledge or pawn. Contracts. These words seem indifferently used to convey the same idea. 2) Pledge Contracts. He who becomes security for another, and, in this sense, every one who becomes bail for another is a pledge Condition Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise. 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. Principal 1) This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed by two persons; thus, we say, the principal is more guilty than the accessary after the fact. 2) Contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his own benefit, or on his own account. 3) Criminal law. A principal is one who is the actor in the commission of a crime. Debt Whatever one owes. A sum of money due by certain and express agreement. SIMILAR TERMS-------------------------------------- Anti-manifesto The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive. Anti-suit injunction An extraordinary procedure where a court issues an order to the effect that proceedings in a second jurisdiction should not proceed. The injunction is usually 1) based on the principle of forum non conveniens (infra); and requires 2) that the first court is more convenient to the parties; 3) a motion of forum non conveniens has been made in the second jurisdiction and has failed; and 4) that the complainant will not be unduly disadvantaged by proceeding in the first jurisdiction. Examples of the injunction are cases where real (immoveable) property in the first jurisdiction is involved or where there is a jurisdiction or arbitration clause calling for proceedings in the first jurisdiction or where a law of the first jurisdiction specifically forbids suit on a certain subject, e.g. claims for damages caused by asbestos produced in the first jurisdiction. Anti-trust (USA) "Anti-trust" legislation is designed to prevent businesses from price-setting or other secret collaboration which circumvents the natural forces of a free market economy and gives those engaging in the anti-trust conduct, a covert competitive edge. Also known as "anti-combines" or "competition" legislation. Anticipation The act of doing or taking a thing before its proper time. Antinomy A term used in the civil law to signify the real or apparent contradiction between two laws or two decisions. Antiqua customa English law. A duty or imposition which was collected on wool, wool-felts, and leather, was so called. Antiqua statuta In England the statutes are divided into new and ancient statutes; since the time of memory; those from the time 1 R. I. to E. III., are called antiqua statuta – those made since, nova statuta. Antithetarius Old English law. The name given to a man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser. Antitrust acts Federal and state statutes to protect trade and commerce from unlawful restraints, price discriminations, price fixing, and monopolies. PREVIOUS AND NEXT TERMS-------------------------------------- Antenati Born before. Antenuptial An event or document which pre-dates a marriage. For example, an "antenuptial agreement" is one which is signed before marriage. A antenuptial gift is a gift given by one spouse to the other before marriage. Ante-nuptial What takes place before marriage; as, an ante-nuptial agreement, which is an agreement made between a man and a woman in contemplation of marriage. Antenuptial agreement A legal contract signed by two people prior to marriage which states limitations to spouse's rights to property, support, or inheritance if the marriage ends in divorce. Anthetarius Obsolete. The name given to a man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser. Antichresis Anticipation The act of doing or taking a thing before its proper time. Anti-manifesto The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive. Antinomy A term used in the civil law to signify the real or apparent contradiction between two laws or two decisions. Antiqua customa English law. A duty or imposition which was collected on wool, wool-felts, and leather, was so called. Antiqua statuta In England the statutes are divided into new and ancient statutes; since the time of memory; those from the time 1 R. I. to E. III., are called antiqua statuta – those made since, nova statuta. We thank you for using the Juridical Dictionary to search for Antichresis. If you have a better definition for Antichresis than the one presented here, please let us know by making use of the suggest a term option. This definition of Antichresis may be disputed by other professionals. Our attempt is to provide easy definitions on Antichresis and any other medical topic for the public at large.
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