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Beneficial interest
Beneficial interestThe right of a party to some profit, distribution, or benefit from a contract or trust. A beneficial interest is distinguished from the rights of someone like a trustee or official who has responsibility to perform and/or title to the assets but does not share in the benefits. RELATED TERMS-------------------------------------- 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. Party Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Distribution By this term is understood the division of an intestate's estate according to law. Benefit This word is used in the same sense as gain and profits. 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. Trust Contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence. Beneficial Of advantage, profit or interest; as the wife has a beneficial interest in property held by a trustee for her. 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. Trustee Estates. A trustee is one to whom an estate has been conveyed in trust. Official civil and canon laws. In the ancient civil law, the person who was the minister of, or attendant upon a magistrate, was called the official. Responsibility The obligation to answer for an act done, and to repair any injury it may have caused Title 1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like. Assets Cash, property and investments along with anything else that may be of value to a individual or business. Share A portion of anything. Sometimes shares are equal, at other times they are unequal. SIMILAR TERMS-------------------------------------- Benefice Ecclesiastical law. In its most extended sense, any ecclesiastical preferment or dignity. Beneficial Of advantage, profit or interest; as the wife has a beneficial interest in property held by a trustee for her. Beneficial owner A term usually referring to the registered shipowner, but which may also designate another party having the equitable ownership of the vessel where it is operated under the cloak of a trust. Beneficiaries Aliens on whose behalf a U.S. citizen, legal permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the U.S. Citizenship and Immigration Services. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer. Beneficiary A broad definition for any person or entity who is to receive assets or profits from an estate, a trust, an insurance policy or any instrument in which there is distribution. Beneficiary heir Civil law. Beneficiary heirs are those who have accepted the succession under the benefit of an inventory regularly made. If the heir apprehend that the succession-will be burdened with debts beyond its value, he accepts with benefit of inventory, and in that case he is responsible only for the value of the succession. Beneficio primo ecclesiastico habendo English Ecclesiastical law. A writ directed from the king to the chancellor, commanding him to bestow the benefice which shall first fall in the king's gift, above or under a certain value, upon a particular and certain person. Beneficium competentiae The right which an insolvent debtor had, among the Romans, on making session of his property for the benefit of his creditors, to retain what was required for him to live honestly according to his condition. Benefit This word is used in the same sense as gain and profits. Benefit of cession Civil law. The release of a debtor from future imprisonment for his debts, which the law operates in his favor upon the surrender of his property for the benefit of his creditors. Benefit of clergy English law. An exemption of the punishment of death which the laws impose on the commission of certain crimes, on the culprit demanding it. Benefit of discussion Civil law. The right which a surety has to cause the property of the principal debtor to be applied in satisfaction of the obligation in the first instance. Benefit of division In the civil law, which, in this respect, has been adopted in Louisiana, although, when there are several sureties, each one is bound for the whole debt, yet when one of them is sued alone, he has a right to have the debt apportioned among all the solvent sureties on the same obligation, so that he shall be compelled to pay his own share only. Benefit of inventory Civil law. The benefit of inventory is the privilege which the heir obtains of being liable for the charges and debts of the succession, only to the value of the effects of the succession, in causing an inventory of these effects within the time and manner proscribed by law. Benevolence 1) Duty. The doing a kind action to another, from mere good will, without any legal obligation. 2) English law. An aid given by the subjects to the king under a pretended gratuity, but in realty it was an extortion and imposition. PREVIOUS AND NEXT TERMS-------------------------------------- Bench trial (Also known as court trial.) Trial without a jury in which a judge decides the facts. Bench warrant Criminal law. The name of a process sometimes given to an attachment issued by order of a criminal court, against an individual for some contempt, or for the purpose of arresting a person accused. Bencher English law. A bencher is a senior in the inns of court, entrusted with their government and direction. Benefice Ecclesiastical law. In its most extended sense, any ecclesiastical preferment or dignity. Beneficial Of advantage, profit or interest; as the wife has a beneficial interest in property held by a trustee for her. Beneficial interest Beneficial owner A term usually referring to the registered shipowner, but which may also designate another party having the equitable ownership of the vessel where it is operated under the cloak of a trust. Beneficiaries Aliens on whose behalf a U.S. citizen, legal permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the U.S. Citizenship and Immigration Services. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer. Beneficiary A broad definition for any person or entity who is to receive assets or profits from an estate, a trust, an insurance policy or any instrument in which there is distribution. Beneficiary heir Civil law. Beneficiary heirs are those who have accepted the succession under the benefit of an inventory regularly made. If the heir apprehend that the succession-will be burdened with debts beyond its value, he accepts with benefit of inventory, and in that case he is responsible only for the value of the succession. Beneficio primo ecclesiastico habendo English Ecclesiastical law. A writ directed from the king to the chancellor, commanding him to bestow the benefice which shall first fall in the king's gift, above or under a certain value, upon a particular and certain person. We thank you for using the Juridical Dictionary to search for Beneficial interest. If you have a better definition for Beneficial interest than the one presented here, please let us know by making use of the suggest a term option. This definition of Beneficial interest may be disputed by other professionals. Our attempt is to provide easy definitions on Beneficial interest and any other medical topic for the public at large.
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