Juridical Dictionary

This dictionary contains:
8526
juridical terms

Cessio bonorum




Cessio bonorum

Civil law. The relinquishment which a debtor made of his property for the benefit of his creditors

RELATED TERMS
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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.

Relinquishment
Practice. A forsaking, abandoning, or giving over a right.

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.

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
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Cessante ratione legis, cessat ipsa lex
A Latin maxim, meaning "When the reason for the law ends, the law itself lapses".

Cessavit
English law. An obsolete writ, which could formerly have been sued out when the defendant had for two years ceased or neglected to perform such service or to pay such rent as he was bound to do by his tenure, and had not upon his lands sufficient goods or cbattels to be distrained.

Cesser clause
A clause in a charterparty which releases the charterer from his personal liability to the shipowner and substitutes the bill of lading (supra) holder as the debtor. The substituted bill of lading holder thus becomes personally liable for the charges and the shipowner waives his rights against the charterer.

Cesset executio
The staying of an execution.

Cesset processus
Practice. An entry made on the record that there be a stay of the procas or proceedings.

Cession
1) Civil law. The act by which a party assigns or transfers property to a other; an assignment. 2) contracts. Yielding up; release. 3) Ecclesiastical law. When an ecclesiastic is created bishop, or when a parson takes another benefice, without dispensation, the first benefice becomes void by a legal cession, or surrender.



PREVIOUS AND NEXT TERMS
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Cessante ratione legis, cessat ipsa lex
A Latin maxim, meaning "When the reason for the law ends, the law itself lapses".

Cessavit
English law. An obsolete writ, which could formerly have been sued out when the defendant had for two years ceased or neglected to perform such service or to pay such rent as he was bound to do by his tenure, and had not upon his lands sufficient goods or cbattels to be distrained.

Cesser clause
A clause in a charterparty which releases the charterer from his personal liability to the shipowner and substitutes the bill of lading (supra) holder as the debtor. The substituted bill of lading holder thus becomes personally liable for the charges and the shipowner waives his rights against the charterer.

Cesset executio
The staying of an execution.

Cesset processus
Practice. An entry made on the record that there be a stay of the procas or proceedings.

Cessio bonorum

Cession
1) Civil law. The act by which a party assigns or transfers property to a other; an assignment. 2) contracts. Yielding up; release. 3) Ecclesiastical law. When an ecclesiastic is created bishop, or when a parson takes another benefice, without dispensation, the first benefice becomes void by a legal cession, or surrender.

Cestui
He. This word is frequently used in composition as, cestui que trust, cestui que vie.

Cestui que trust
A barbarous phrase, to signify the beneficiary of an estate held in trust. He for whose benefit another person is enfeoffed or seised of land or tenements, or is possessed of personal property.

Cestui que trust or cestui que use
The formal Latin word for the beneficiary or donee of a trust.

Cestui que use
He to whose use land is granted to another person the latter is called the terre-tenant, having in himself the legal property and possession;

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This dictionary contains 8526 terms.







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