|
 |
||
 |
| This dictionary contains: 8526 juridical terms |
 |
Constructive trust
|
|
Constructive trustA trust which a court declares or imposes onto participants of very specific circumstances such as those giving rise to an action for unjust enrichment, and notwithstanding the lack of any willing settlor to declare the trust (contrast with express trusts and resulting trusts).
RELATED TERMS--------------------------------------
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.
Court
A body in government to which the administration of justice is delegated.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Unjust
That which is done against the perfect rights of another; that which is against the established law; that which is opposed to a law which is the test of right and wrong.
Notwithstanding
In spite of, even if, without regard to or impediment by other things.
Settlor
The person who sets up a trust. Also referred to as "grantor."
Express
That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum.
SIMILAR TERMS--------------------------------------
Consanguinei
Blood relations.
Consanguinity
Latin consanguineus: con, together; sanguis, blood. The connection or relation of persons descended from the same stock or common ancestor.
Conscience
The moral sense, or that capacity of our mental constitution, by which we irresistibly feel the difference between right and wrong.
Consecutive sentence
Sentence must be served after another sentence has been served.
Consecutive sentences
Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.
Consensu
(United Kingdom) Unanimously or, by general consent.
Consensual
Civil law. This word is applied to designate one species of contract known in the civil laws; these contracts derive their name from the consent of the parties which is required in their formation, as they cannot exist without such consent.
Consensus
A result achieved through negotiation whereby a hybrid solution is arrived at between parties to an issue, dispute or disagreement, comprising typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution to the issue or disagreement.
Consensus ad idem
Latin term meaning an agreement, a meeting of the minds between the parties where all understand the committments made by each. This is a basic requirement for each contract.
Consensus facit legem
Consent makes the law.
Consensus tollit errorem
Consent removes error: the effect of a mistake is obviated or waived by concurrence.
Consensus, non concubitus, facit matrimonium
Consent, not intercourse, creates marriage.
Consent
Agreement; voluntary acceptance of the wish of another.
Consequential damages
Torts. Those damages or those losses which arise not from the immediate act of the party, but in consequence of such act.
Conservator
A preserver, a protector.
Conservatorship
Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself.
Consideratio curlae
Practice. The judgment of the court. In pleadings where matters are determined by the court, it is said, therefore it is considered and adjudged by the court ideo consideratum est per curiam.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
Consideratum est per curiam
It is considered by the court.
Consign
To leave an item of property in the custody of another. A item can be consigned to a transportation company, for example, for the purpose of transporting it from one place to another. The consignee is the person to receive the property and the consignor is the person who ships the property to the consignee.
Consignation
Contracts. In the civil law, it is a deposit which a debtor makes of the thing that he owes, into the hands of a third person, and under the authority of a court of justice.
Consignee
The party to whom delivery of the goods is to be made under a contract for the carriage of goods by water.
Consignment
The goods or property sent by a common carrier from one or more persons called the consignors, from one place, to one or more persons, called the consignees, who are in another. By this term ig also understood the goods sent by one person to another, to be sold or disposed of by the latter for and on account of the former.
Consignor
Contracts. One who makes a consignment to another.
Consilium
Dies consilii, practice. A time allowed for the accused to make his defence, and now more commonly used for a day appointed to argue a demurrer.
Consistent
That which agrees with something else; as a consistent condition, which is one which agrees with all other parts of a contract, or which can be reconciled with every other part.
Consistory
Ecclesiastical law. An assembly of cardinals convoked by the pope. The consistory is public or secret.
Consolato del mare
The name of a code of sea laws compiled by order of the ancient kings of Aragon. Its date is not very certain, but it was adopted on the continent of Europe, as the code of maritime law, in the course of the eleventh, twelfth, and thirteenth centuries. It comprised the ancient ordinances of the Greek and Roman emperors, and of the kings of France and Spain; and the laws of the Mediterranean islands, and of Venice and Genoa. It was originally written in the dialect of Catalonia, as its title plainly indicates, and it has been translated into every language of Europe.
Consolidation
Civil law. The union of the usufruct with the estate out of which it issues, in the same person which happens when the usufructuary acquires the estate, or vice versa.
Consort
A man or woman married. The man is the consort of his wife, the woman is the consort of her husband.
Conspiracy
An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators.
Conspirators
Persons guilty of a conspiracy.
Constable
A person who is given the legal right to serve process.
Constablewick
England. In England, by this word is meant the territorial jurisdiction of a constable.
Constat
English law. The name of a certificate, which the clerk of the pipe and auditors of the exchequer make at the request of any person who intends to plead or move in the court for the discharge of anything; and the effect of it is, the certifying what constat (appears) upon record touching the matter in question.
Constituent
He who gives authority to another to act for him.
Constituimus
A Latin word which signifies we constitute.
Constituted authorities
Those powers which the constitution of each people has established to govern them, to cause their rights to be respected, and to maintain tliose of eacli of its members.
Constitution
1) Contracts. The constitution of a contract, is the making of the contract as, the written constitution of a debt. 2) Government. The fundamental law of the state, containing the principles upon which the government is founded, and regulating the divisions of the sovereign powers, directing to what persons each of these powers is to be confided, and the, manner it is to be exercised as, the Constitution of the United States.
Constitutional
Pertaining to the Constitution, the country's main and highest piece of legislation.
Constitutional government
Applies to a state whose fundamental rules and maxims not only define how those shall be chosen or designated to whom the exercise of sovereign powers shall be confided, but also impose efficient restraints on the exercises for the purpose of protecting individual rights and privileges, and shielding them against any assumption of arbitrary power. Calhoun, Works I, II; Cooley, Principles Const. Law 22.
Constitutional law
The specific area of the legal profession dealing with constitutional matters.
Constitutor
Civil law. He who promised by a simple pact to pay the debt of another; and this is always a principal obligation.
Constraint
It is a general rule, that when one is compelled into a contract, there is no effectual consent, thougb, ostensibly, there is the form of it. In such case the contract will be declared void.
Construction
The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal.
Constructive abandonment
The refusal of one spouse to engage in sexual relations with the other spouse. in some states and provinces this is considered grounds for divorce if lasting for a certain length of time.
Constructive dismissal
An employee resigns if he leaves his employment as a matter of choice. However, where there is a serious breach by the employer of the employment contract, the employee may be entitled to resign and claim constructive dismissal. Before the employer accepts a resignation, it ought to be clear and unambiguous with a specified leaving date. Great care should be taken if it is intended to rely on words uttered in temper or when interpreting an employee's contract as implied resignation. The test is whether the reasonable employer would have perceived the words or conduct as a resignation.
Constructive service of process
When the service of process is delivered through other methods such as a newspaper due to the unknown where abouts of the spouse.
Consuetudines feudorum
The name of an institute of the feudal system and usages, compiled about the year 1170, by authority of the emperor Frederic, surnamed Barbarossa.
Consuetudo
Latin. Custom; usgage; practice.
Consuetudo est altera lex
Custom is another law.
Consuetudo interpres legum
Custom is the expounder of laws.
Consuetudo loci observanda
The custom of the place is to be conformed to.
Consultancy
There is a distinction between someone who works full time for a company on an exclusive basis (as an employee) and someone who is engaged occasionally to assist or provide advice but who provides similar services to a range of businesses (consultant). Often the distinction is blurred, for example: in the case of non-executive directors or sales agents. The Inland Revenue will be quick to scrutinise any "border-line" consultancy relationships.
Consultant
Where a person is taken on a self-employed or consulting basis to perform a role, as a consultant, there is tax flexibility for the worker and lower administrative burdens for the employer. Accordingly, the Inland Revenue may scrutinise such arrangements to see if they are genuine or whether they are schemes to avoid deductions of Schedule E income tax under PAYE, and National Insurance Contributions.
Consultation
1) English law. The name of a writ whereby a cause, being formerly removed by prohibition out of an inferior court into some of the king's courts in Westminster, is returned thither again for if the judges of the superior court, comparing the proceedings with the suggestion of the party, find the suggestion false or not proved, and that therefore the cause was wrongfully called from the inferior court, then, upon consultation and deliberation, they decree it to be returned, where upon this writ issues. 2) French law. The opinion of counsel, on a point of law submitted to them. 3) practice. A conference between the counsel or attorneys engaged on the same side of a cause, for the purpose of examining their case, arranging their proofs, and removing any difficulties there may be in their way.
Consumer bankruptcy
A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) who is not in business.
Consummate
What is completed. A right is said to be initiate, when it is not complete; and when it is perfected, it is consummated.
Consummation of marriage
The first time that the husband and wife cobabit together, after the ceremony of marriage has been performed, is thus called.
PREVIOUS AND NEXT TERMS--------------------------------------
Constraint
It is a general rule, that when one is compelled into a contract, there is no effectual consent, thougb, ostensibly, there is the form of it. In such case the contract will be declared void.
Construction
The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal.
Constructive abandonment
The refusal of one spouse to engage in sexual relations with the other spouse. in some states and provinces this is considered grounds for divorce if lasting for a certain length of time.
Constructive dismissal
An employee resigns if he leaves his employment as a matter of choice. However, where there is a serious breach by the employer of the employment contract, the employee may be entitled to resign and claim constructive dismissal. Before the employer accepts a resignation, it ought to be clear and unambiguous with a specified leaving date. Great care should be taken if it is intended to rely on words uttered in temper or when interpreting an employee's contract as implied resignation. The test is whether the reasonable employer would have perceived the words or conduct as a resignation.
Constructive service of process
When the service of process is delivered through other methods such as a newspaper due to the unknown where abouts of the spouse.
Constructive trust
Consuetudines feudorum
The name of an institute of the feudal system and usages, compiled about the year 1170, by authority of the emperor Frederic, surnamed Barbarossa.
Consuetudo
Latin. Custom; usgage; practice.
Consuetudo est altera lex
Custom is another law.
Consuetudo interpres legum
Custom is the expounder of laws.
Consuetudo loci observanda
The custom of the place is to be conformed to.
RELATED TERMS--------------------------------------
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.
Court
A body in government to which the administration of justice is delegated.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Unjust
That which is done against the perfect rights of another; that which is against the established law; that which is opposed to a law which is the test of right and wrong.
Notwithstanding
In spite of, even if, without regard to or impediment by other things.
Settlor
The person who sets up a trust. Also referred to as "grantor."
Express
That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum.
SIMILAR TERMS--------------------------------------
Consanguinei
Blood relations.
Consanguinity
Latin consanguineus: con, together; sanguis, blood. The connection or relation of persons descended from the same stock or common ancestor.
Conscience
The moral sense, or that capacity of our mental constitution, by which we irresistibly feel the difference between right and wrong.
Consecutive sentence
Sentence must be served after another sentence has been served.
Consecutive sentences
Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.
Consensu
(United Kingdom) Unanimously or, by general consent.
Consensual
Civil law. This word is applied to designate one species of contract known in the civil laws; these contracts derive their name from the consent of the parties which is required in their formation, as they cannot exist without such consent.
Consensus
A result achieved through negotiation whereby a hybrid solution is arrived at between parties to an issue, dispute or disagreement, comprising typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution to the issue or disagreement.
Consensus ad idem
Latin term meaning an agreement, a meeting of the minds between the parties where all understand the committments made by each. This is a basic requirement for each contract.
Consensus facit legem
Consent makes the law.
Consensus tollit errorem
Consent removes error: the effect of a mistake is obviated or waived by concurrence.
Consensus, non concubitus, facit matrimonium
Consent, not intercourse, creates marriage.
Consent
Agreement; voluntary acceptance of the wish of another.
Consequential damages
Torts. Those damages or those losses which arise not from the immediate act of the party, but in consequence of such act.
Conservator
A preserver, a protector.
Conservatorship
Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself.
Consideratio curlae
Practice. The judgment of the court. In pleadings where matters are determined by the court, it is said, therefore it is considered and adjudged by the court ideo consideratum est per curiam.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
Consideratum est per curiam
It is considered by the court.
Consign
To leave an item of property in the custody of another. A item can be consigned to a transportation company, for example, for the purpose of transporting it from one place to another. The consignee is the person to receive the property and the consignor is the person who ships the property to the consignee.
Consignation
Contracts. In the civil law, it is a deposit which a debtor makes of the thing that he owes, into the hands of a third person, and under the authority of a court of justice.
Consignee
The party to whom delivery of the goods is to be made under a contract for the carriage of goods by water.
Consignment
The goods or property sent by a common carrier from one or more persons called the consignors, from one place, to one or more persons, called the consignees, who are in another. By this term ig also understood the goods sent by one person to another, to be sold or disposed of by the latter for and on account of the former.
Consignor
Contracts. One who makes a consignment to another.
Consilium
Dies consilii, practice. A time allowed for the accused to make his defence, and now more commonly used for a day appointed to argue a demurrer.
Consistent
That which agrees with something else; as a consistent condition, which is one which agrees with all other parts of a contract, or which can be reconciled with every other part.
Consistory
Ecclesiastical law. An assembly of cardinals convoked by the pope. The consistory is public or secret.
Consolato del mare
The name of a code of sea laws compiled by order of the ancient kings of Aragon. Its date is not very certain, but it was adopted on the continent of Europe, as the code of maritime law, in the course of the eleventh, twelfth, and thirteenth centuries. It comprised the ancient ordinances of the Greek and Roman emperors, and of the kings of France and Spain; and the laws of the Mediterranean islands, and of Venice and Genoa. It was originally written in the dialect of Catalonia, as its title plainly indicates, and it has been translated into every language of Europe.
Consolidation
Civil law. The union of the usufruct with the estate out of which it issues, in the same person which happens when the usufructuary acquires the estate, or vice versa.
Consort
A man or woman married. The man is the consort of his wife, the woman is the consort of her husband.
Conspiracy
An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators.
Conspirators
Persons guilty of a conspiracy.
Constable
A person who is given the legal right to serve process.
Constablewick
England. In England, by this word is meant the territorial jurisdiction of a constable.
Constat
English law. The name of a certificate, which the clerk of the pipe and auditors of the exchequer make at the request of any person who intends to plead or move in the court for the discharge of anything; and the effect of it is, the certifying what constat (appears) upon record touching the matter in question.
Constituent
He who gives authority to another to act for him.
Constituimus
A Latin word which signifies we constitute.
Constituted authorities
Those powers which the constitution of each people has established to govern them, to cause their rights to be respected, and to maintain tliose of eacli of its members.
Constitution
1) Contracts. The constitution of a contract, is the making of the contract as, the written constitution of a debt. 2) Government. The fundamental law of the state, containing the principles upon which the government is founded, and regulating the divisions of the sovereign powers, directing to what persons each of these powers is to be confided, and the, manner it is to be exercised as, the Constitution of the United States.
Constitutional
Pertaining to the Constitution, the country's main and highest piece of legislation.
Constitutional government
Applies to a state whose fundamental rules and maxims not only define how those shall be chosen or designated to whom the exercise of sovereign powers shall be confided, but also impose efficient restraints on the exercises for the purpose of protecting individual rights and privileges, and shielding them against any assumption of arbitrary power. Calhoun, Works I, II; Cooley, Principles Const. Law 22.
Constitutional law
The specific area of the legal profession dealing with constitutional matters.
Constitutor
Civil law. He who promised by a simple pact to pay the debt of another; and this is always a principal obligation.
Constraint
It is a general rule, that when one is compelled into a contract, there is no effectual consent, thougb, ostensibly, there is the form of it. In such case the contract will be declared void.
Construction
The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal.
Constructive abandonment
The refusal of one spouse to engage in sexual relations with the other spouse. in some states and provinces this is considered grounds for divorce if lasting for a certain length of time.
Constructive dismissal
An employee resigns if he leaves his employment as a matter of choice. However, where there is a serious breach by the employer of the employment contract, the employee may be entitled to resign and claim constructive dismissal. Before the employer accepts a resignation, it ought to be clear and unambiguous with a specified leaving date. Great care should be taken if it is intended to rely on words uttered in temper or when interpreting an employee's contract as implied resignation. The test is whether the reasonable employer would have perceived the words or conduct as a resignation.
Constructive service of process
When the service of process is delivered through other methods such as a newspaper due to the unknown where abouts of the spouse.
Consuetudines feudorum
The name of an institute of the feudal system and usages, compiled about the year 1170, by authority of the emperor Frederic, surnamed Barbarossa.
Consuetudo
Latin. Custom; usgage; practice.
Consuetudo est altera lex
Custom is another law.
Consuetudo interpres legum
Custom is the expounder of laws.
Consuetudo loci observanda
The custom of the place is to be conformed to.
Consultancy
There is a distinction between someone who works full time for a company on an exclusive basis (as an employee) and someone who is engaged occasionally to assist or provide advice but who provides similar services to a range of businesses (consultant). Often the distinction is blurred, for example: in the case of non-executive directors or sales agents. The Inland Revenue will be quick to scrutinise any "border-line" consultancy relationships.
Consultant
Where a person is taken on a self-employed or consulting basis to perform a role, as a consultant, there is tax flexibility for the worker and lower administrative burdens for the employer. Accordingly, the Inland Revenue may scrutinise such arrangements to see if they are genuine or whether they are schemes to avoid deductions of Schedule E income tax under PAYE, and National Insurance Contributions.
Consultation
1) English law. The name of a writ whereby a cause, being formerly removed by prohibition out of an inferior court into some of the king's courts in Westminster, is returned thither again for if the judges of the superior court, comparing the proceedings with the suggestion of the party, find the suggestion false or not proved, and that therefore the cause was wrongfully called from the inferior court, then, upon consultation and deliberation, they decree it to be returned, where upon this writ issues. 2) French law. The opinion of counsel, on a point of law submitted to them. 3) practice. A conference between the counsel or attorneys engaged on the same side of a cause, for the purpose of examining their case, arranging their proofs, and removing any difficulties there may be in their way.
Consumer bankruptcy
A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) who is not in business.
Consummate
What is completed. A right is said to be initiate, when it is not complete; and when it is perfected, it is consummated.
Consummation of marriage
The first time that the husband and wife cobabit together, after the ceremony of marriage has been performed, is thus called.
PREVIOUS AND NEXT TERMS--------------------------------------
Constraint
It is a general rule, that when one is compelled into a contract, there is no effectual consent, thougb, ostensibly, there is the form of it. In such case the contract will be declared void.
Construction
The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal.
Constructive abandonment
The refusal of one spouse to engage in sexual relations with the other spouse. in some states and provinces this is considered grounds for divorce if lasting for a certain length of time.
Constructive dismissal
An employee resigns if he leaves his employment as a matter of choice. However, where there is a serious breach by the employer of the employment contract, the employee may be entitled to resign and claim constructive dismissal. Before the employer accepts a resignation, it ought to be clear and unambiguous with a specified leaving date. Great care should be taken if it is intended to rely on words uttered in temper or when interpreting an employee's contract as implied resignation. The test is whether the reasonable employer would have perceived the words or conduct as a resignation.
Constructive service of process
When the service of process is delivered through other methods such as a newspaper due to the unknown where abouts of the spouse.
Constructive trust
Consuetudines feudorum
The name of an institute of the feudal system and usages, compiled about the year 1170, by authority of the emperor Frederic, surnamed Barbarossa.
Consuetudo
Latin. Custom; usgage; practice.
Consuetudo est altera lex
Custom is another law.
Consuetudo interpres legum
Custom is the expounder of laws.
Consuetudo loci observanda
The custom of the place is to be conformed to.
We thank you for using the Juridical Dictionary to search for Constructive trust. If you have a better definition for Constructive trust than the one presented here, please let us know by making use of the suggest a term option. This definition of Constructive trust may be disputed by other professionals. Our attempt is to provide easy definitions on Constructive trust and any other medical topic for the public at large.
This dictionary contains 8526 terms.
|
|