Juridical Dictionary

This dictionary contains:
8526
juridical terms

Collateral security






Collateral security

Contracts. A separate obligation attached to another contract, to guaranty its performance. By this term is also meant the transfer of property or of other contracts to insure the performance of a principal engagement.

RELATED TERMS
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Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.

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.

Performance
The act of doing something; the thing done is also called a performance.

Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.

Transfer
Contracts The act by which the owner of a thing delivers it to another person, with the intent of passing the rights which he has in it to the latter.

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.

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.

Engagement
This word is frequently used in the French law to signify not only a contract, but the obligations arising from a quasi contract.



SIMILAR TERMS
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Collate
To arrange in order; verify arrangement of pages before binding or fastening; put together.

Collateral
Collateralis. From latus, a side; that which is sideways, and not direct.

Collateral assurance
Contracts. That which is made over and above the deed itself.

Collateral descendant
A descendant that is not direct, such as a niece or a cousin.

Collateral frauds
Fraudulent representing collateral for loans that (1) does not exist, (2) is not owned by the loan applicant, or (3) is grossly over-valued, or some or all of these.

Collateral heir
A collateral heir is one who is not of the direct line of the deceased, but comes from a collateral line; as, a brother, sister, an uncle and aunt, a nephew, niece, or cousin of the deceased.

Collateral issue
Practice, pleading. Where a criminal convict pleads any matter, allowed by law, in bar of execution; as pregnancy, a pardon, and the like.

Collateral kinsmen
Descent, distribution. Those who descend from one and the same common ancestor, but not from one another; thus brothers and sisters are collateral to each other; the uncle and the nephew are collateral kinmen, and cousins are the same.

Collateral source rule
A rule of tort law which holds that the tortfeasor is not allowed to deduct from the amount he or she would be held to pay to the victim of the tort, any goods, services or money received by that victim from other "collateral" sources as a result of the tort (eg. insurance benefits).

Collatio bonorum
Descent, distribution. Where a portion or money advanced to a son or daughter, is brought into botchpot, in order to have an equal distributive share of the ancestor's personal estate.

Collation
1) Descents. Collation -of goods is the supposed or real return to the mass of the succession, which an heir makes of the property he received in advance of his share or otherwise, in order that such property may be divided, together with the other effects of the succession. 2) Ecclesiastical law. The act by which the bishop, who has the bestowing of a benefice, gives it to an incumbent. 3) Practice. The comparison of a copy with its original, in order to ascertain its correctness and conformity; the report of the officer who made the comparison, is also called a collation.

Collation of seals
Where, on the same label, one seal was set on the back or reverse of the other, this was said to be a collation of seals.

Collective agreement
A collective agreement is one made between an employer (or employers' association) and a trade union governing the relationship between the parties. It will only be legally binding upon the parties if in writing and if it states it has legal status. Some of the terms and conditions of individual employment of those employees may be covered by a collective agreement.

Collective mark
Trademark or service mark used by members of a cooperative, an association, or other collective group or organization.

Collective work
Defined in the Copyright Act as a work in which a number of contributions constituting separate and independent works in themselves are assembled into a collective whole, such as a newspaper.

Collector
Officer. One appointed to receive taxes or other impositions

College
A civil corporation, society or company, authorized by law, having in general a literary object.

Collision convention
The International Convention for the Unification of Certain Rules of Law with Respect to Collision Between Vessels, adopted at Brussels, September 23, 1910 and in force as of March 1, 1913.

Collistrigium
The pillory.

Collocation
French law. The act by which the creditors of an estate are arranged in the order in which they are to be paid according to law. The order in which the creditors-are placed, is also called collocation.

Colloquim
Pleading. A discourse a conversation or conference.

Collude
In the context of Fraud, to act together for a fraudulent purpose.

Collusion
Fraud. An agreement between two or more persons, to defraud a person of his rights by the forms of law, or to obtain an object forbidden by law.



PREVIOUS AND NEXT TERMS
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Collateral descendant
A descendant that is not direct, such as a niece or a cousin.

Collateral frauds
Fraudulent representing collateral for loans that (1) does not exist, (2) is not owned by the loan applicant, or (3) is grossly over-valued, or some or all of these.

Collateral heir
A collateral heir is one who is not of the direct line of the deceased, but comes from a collateral line; as, a brother, sister, an uncle and aunt, a nephew, niece, or cousin of the deceased.

Collateral issue
Practice, pleading. Where a criminal convict pleads any matter, allowed by law, in bar of execution; as pregnancy, a pardon, and the like.

Collateral kinsmen
Descent, distribution. Those who descend from one and the same common ancestor, but not from one another; thus brothers and sisters are collateral to each other; the uncle and the nephew are collateral kinmen, and cousins are the same.

Collateral security

Collateral source rule
A rule of tort law which holds that the tortfeasor is not allowed to deduct from the amount he or she would be held to pay to the victim of the tort, any goods, services or money received by that victim from other "collateral" sources as a result of the tort (eg. insurance benefits).

Collatio bonorum
Descent, distribution. Where a portion or money advanced to a son or daughter, is brought into botchpot, in order to have an equal distributive share of the ancestor's personal estate.

Collation
1) Descents. Collation -of goods is the supposed or real return to the mass of the succession, which an heir makes of the property he received in advance of his share or otherwise, in order that such property may be divided, together with the other effects of the succession. 2) Ecclesiastical law. The act by which the bishop, who has the bestowing of a benefice, gives it to an incumbent. 3) Practice. The comparison of a copy with its original, in order to ascertain its correctness and conformity; the report of the officer who made the comparison, is also called a collation.

Collation of seals
Where, on the same label, one seal was set on the back or reverse of the other, this was said to be a collation of seals.

Collective agreement
A collective agreement is one made between an employer (or employers' association) and a trade union governing the relationship between the parties. It will only be legally binding upon the parties if in writing and if it states it has legal status. Some of the terms and conditions of individual employment of those employees may be covered by a collective agreement.

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This dictionary contains 8526 terms.