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| This dictionary contains: 8526 juridical terms |
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Benefit of cession
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Benefit of cessionCivil 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.
RELATED TERMS--------------------------------------
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.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Release
1) Estates. The "conveyance of a man's interest or right, which he hath unto a thing, to another that hath the possession thereof, or some estate therein." 2) Contracts. A release is the giving or discharging of a right of action which a man has or may claim against another, or that which is his. 3) Releases are of two kinds: 1) Such as give up, discharge, or abandon a right of action. 2) Such as convey a man's interest or right to another, who has possession of it, or some estate in the same.
Debtor
Debtor or obligor. The person who has engaged to perform some obligation. The word obligor, in its more technical signification, is applied to designate one who makes a bond.
Imprisonment
1) The restraint of a person contrary to his will. Imprisonment is either lawful or unlawful; lawful imprisonment is used either for crimes or for the appearance of a party in a civil suit, or on arrest in execution. 2) Imprisonment for crimes is either for the appearance of a person accused, as when he cannot give bail; or it is the effect of a sentence, and then it is a part of the punishnient. 3) Imprisonment in civil cases takes place when a defendant on being sued on bailable process refuses or cannot give the bail legally demanded, or is under a capias ad satisfaciendum, when he is taken in execution under a judgment.
Favor
Bias partiality; lenity; prejudice.
Surrender
Estates, conveyancing. A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement,
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Benefit
This word is used in the same sense as gain and profits.
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 interest
The 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.
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 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--------------------------------------
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
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.
RELATED TERMS--------------------------------------
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.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Release
1) Estates. The "conveyance of a man's interest or right, which he hath unto a thing, to another that hath the possession thereof, or some estate therein." 2) Contracts. A release is the giving or discharging of a right of action which a man has or may claim against another, or that which is his. 3) Releases are of two kinds: 1) Such as give up, discharge, or abandon a right of action. 2) Such as convey a man's interest or right to another, who has possession of it, or some estate in the same.
Debtor
Debtor or obligor. The person who has engaged to perform some obligation. The word obligor, in its more technical signification, is applied to designate one who makes a bond.
Imprisonment
1) The restraint of a person contrary to his will. Imprisonment is either lawful or unlawful; lawful imprisonment is used either for crimes or for the appearance of a party in a civil suit, or on arrest in execution. 2) Imprisonment for crimes is either for the appearance of a person accused, as when he cannot give bail; or it is the effect of a sentence, and then it is a part of the punishnient. 3) Imprisonment in civil cases takes place when a defendant on being sued on bailable process refuses or cannot give the bail legally demanded, or is under a capias ad satisfaciendum, when he is taken in execution under a judgment.
Favor
Bias partiality; lenity; prejudice.
Surrender
Estates, conveyancing. A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement,
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Benefit
This word is used in the same sense as gain and profits.
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 interest
The 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.
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 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--------------------------------------
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
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.
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This dictionary contains 8526 terms.
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