Juridical Dictionary

This dictionary contains:
8526
juridical terms

Dominion utile




Dominion utile

Latin: the property rights of a tenant. While not owning the property in a legal sense, the tenant, as having dominion utile, enjoys full and exclusive possession and use of the property.

RELATED TERMS
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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.

Tenant
Estates. One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will

Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Dominion
The right of the owner of a thing to use it or dispose of it at his pleasure.

Exclusive
1) Computation of time. Shut out; not included. As when an act is to be done within a certain time, as ten days from a particular time, one day is to be included and the other excluded. 2) Rights. Debarring one from participating in a thing. An exclusive right or privilege, is one granted to a person to do a thing, and forbidding all others to do the same. A patent right or copyright, are of this kind.

Possession
International law. By possession is meant a country which is held by no other title than mere conquest.



SIMILAR TERMS
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Domicile
The place at which a person has physical presence, which that person regards as home, and to which that person intends to return and remain even though currently residing elsewhere. The concept of domicile includes the concept of place and the concept of a settled connection with the place. A person has a settled connection with his or her domicile for legal purposes, either because that place is home or because the law has so designated that place.

Dominant
Estates. In the civil law, this term is used to signify the estate to which a servitude or easement is due from another estate.

Dominant mind
The dominant mind test permits the judge to determine whether the tug or the tow controls the towage operation and aids in determining whether the contract is "of" services (controlled by the tow) or "for" services (controlled by the tug). In this way, liabilities for loss or damage arising out of towage may be allocated. (In particular, the judge is the dominant mind.).

Dominant tenement
Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement.

Dominion
The right of the owner of a thing to use it or dispose of it at his pleasure.

Dominion directum
Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment.

Dominium
(United Kingdom) Ownership.

Domitae
Subdued, tame, not wild.



PREVIOUS AND NEXT TERMS
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Dominant
Estates. In the civil law, this term is used to signify the estate to which a servitude or easement is due from another estate.

Dominant mind
The dominant mind test permits the judge to determine whether the tug or the tow controls the towage operation and aids in determining whether the contract is "of" services (controlled by the tow) or "for" services (controlled by the tug). In this way, liabilities for loss or damage arising out of towage may be allocated. (In particular, the judge is the dominant mind.).

Dominant tenement
Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement.

Dominion
The right of the owner of a thing to use it or dispose of it at his pleasure.

Dominion directum
Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment.

Dominion utile

Dominium
(United Kingdom) Ownership.

Domitae
Subdued, tame, not wild.

Domo reparando
The name of an ancient writ in favor of a party who was in danger of being injured by the fall, of his neighbor's house.

Donatio mortis causa
A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues. Such a gift is exempted from the estate of the deceased as property is automatically conveyed upon death. In most jurisdictions, real property cannot be transferred by these death-bed gifts.

Donation
Contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person, without any consideration; a gift.

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This dictionary contains 8526 terms.







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