Juridical Dictionary

This dictionary contains:
8526
juridical terms

Damnosa haereditas




Damnosa haereditas

A name given by Lord Kenyon to that species of property of a bankrupt, which, so far from being valuable, would be a charge to the creditors for example, a term of years, where the rent would exceed the revenue.

RELATED TERMS
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Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.

Lord
In England, this is a title of honor. In the U. S. no such titles are allowed

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.

Bankrupt
French banque, a table or counter; route, trace, track: his "banque" was removed and no trace of it left. Italian banca rotta, a broken bench: a money-changer's bench was broken up, on his failing in business. A trader who secretes himself, or does certain other acts tending to defraud his creditors. Bankruptcy is a proceeding of an equitable nature - a sequestration of a debtor's property that the creditors may resort to, instead of an ordinary suit at law or in equity.

Charge
1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them.

Example
An example is a case put to illustrate a. principle.

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.

Years
Estate for years.

Rent
Estates, contracts. A certain profit in money, provisions, chattels, or labor, issuing out of lands and tenements in retribution for the use.

Revenue
The income of the government arising from taxation, duties, and the like; and, according to some correct lawyers, under the idea of revenue is also included the proceeds of the sale of stocks, lands, and other property owned by the government.



SIMILAR TERMS
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Damnification
That which causes a loss or damage to a society, or to one who has indemnified another.

Damnify
To cause damage, injury or loss.

Damnum
Latin. That which is taken away: loss: damage; legal hurt or harm. Plural, damna; legal losses. Damnificatus, injured, damaged, damnified. Damnosa, hurtful.

Damnum absque injuria
A loss or damage without injury.

Damnum fatale
Civil law. Damages caused by a fortuitous event, or inevitable accident; damages arising from the act of God.



PREVIOUS AND NEXT TERMS
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Damages, general
Torts. General damages are such as the law implies to have accrued from the act of a tort-feasor.

Damages, special
Torts. Special damages are such as are in fact sustained, and are not implied by law; these are either superadded to general damages, arising from an act injurious in itself, as when some particular loss arises.

Damages, unliquidated
The unascertained amount which is due to a person by another for an injury to the person, property, or relative rights of the party injured. These damages, being unknown, cannot be set off against the claim which the tort feasor has against the party injured.

Damnification
That which causes a loss or damage to a society, or to one who has indemnified another.

Damnify
To cause damage, injury or loss.

Damnosa haereditas

Damnum
Latin. That which is taken away: loss: damage; legal hurt or harm. Plural, damna; legal losses. Damnificatus, injured, damaged, damnified. Damnosa, hurtful.

Damnum absque injuria
A loss or damage without injury.

Damnum fatale
Civil law. Damages caused by a fortuitous event, or inevitable accident; damages arising from the act of God.

Dane-lage
English law. That system of laws which was maintained in England while the Danes had possession of the country.

Danger
In the law of self defense "apparent danger" means such overt, actual demonstration, by conduct and acts, of a design to take life or to do some great personal injury, as makes killing apparently necessary for self-preservation.

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This dictionary contains 8526 terms.







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