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| This dictionary contains: 8526 juridical terms |
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Ducroire
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DucroireThis is a French word, which has the same meaning as the Italian phrase del credere. A del credere commission is one under which the agent, in consideration of an additional premium, engages to insure to his principal not only the solvency of the debtor, but the punctual discharge of the debt; and he is liable, in the first instance, without any demand from the debtor.
RELATED TERMS--------------------------------------
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
Agent
An agent is a person who is authorised to carry out activities on behalf of his principal and to enter into commitments by which the principal will be bound. The term usually refers to a businessman who finds business for you and takes a commission.
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.
Premium
Contracts. The consideration paid by the insured to the insurer for making an insurance. It is so called because it is paid primo, or before the contract shall take effect.
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.
Solvency
The state of a person who is able to pay all his debts; the opposite of insolvency.
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.
Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Liable
Legally responsible.
Instance
Civil and French law. It signifies, generally, all sorts of actions and judicial demands.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Demand
Contracts. A claim; a legal obligation.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Dry rent
Contracts. Rent-seek, was a rent reserved without a clause of distress.
Dual custody
A method of protecting cash by requiring all cash assets handled by two people (two signatures, two keys, two people counting, etc.).
Dubitante
(United Kingdom) Doubting the correctness of the decision.
Duces tecum
Latin: bring with you. Used most frequently for a species of subpoena (as in "subpoena duces tecum") which seeks not so much the appearance of a person before a court of law, but the surrender of a thing (eg. a document or some other evidence) by its holder, to the court, to serve as evidence in a trial.
Ducking-stool
Punishment. An instrument used, in dipping women in the water, as a punishment, on conviction of being common scolds.
Ducroire
Due
What ought to be paid; what may be demanded.
Due diligence
The process by which a purchaser of or an investor in a company or business investigates the records of the target to support its value and find out whether there are "skeletons in the cupboard". Professional reports from accountants and solicitors may be included. The due diligence process is covered by confidentiality undertakings and supported by warranties.
Due process
A fundamental principle of fairness in all legal matters, both criminal and civil, especially in the courts. Basic legal procedures set by statute and court practice, which must be followed for each individual so that no prejudicial or unequal treatment will result. The U.S. Constitution guarantees that the government cannot take away a person's basic rights to life, liberty or property, without due process of law. Due process is frequently utilized to control a choice of jurisdiction.
Due process of law
The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.
Due-bill
An acknowledgment of a debt, in writing, is so called.
RELATED TERMS--------------------------------------
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
Agent
An agent is a person who is authorised to carry out activities on behalf of his principal and to enter into commitments by which the principal will be bound. The term usually refers to a businessman who finds business for you and takes a commission.
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.
Premium
Contracts. The consideration paid by the insured to the insurer for making an insurance. It is so called because it is paid primo, or before the contract shall take effect.
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.
Solvency
The state of a person who is able to pay all his debts; the opposite of insolvency.
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.
Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Liable
Legally responsible.
Instance
Civil and French law. It signifies, generally, all sorts of actions and judicial demands.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Demand
Contracts. A claim; a legal obligation.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Dry rent
Contracts. Rent-seek, was a rent reserved without a clause of distress.
Dual custody
A method of protecting cash by requiring all cash assets handled by two people (two signatures, two keys, two people counting, etc.).
Dubitante
(United Kingdom) Doubting the correctness of the decision.
Duces tecum
Latin: bring with you. Used most frequently for a species of subpoena (as in "subpoena duces tecum") which seeks not so much the appearance of a person before a court of law, but the surrender of a thing (eg. a document or some other evidence) by its holder, to the court, to serve as evidence in a trial.
Ducking-stool
Punishment. An instrument used, in dipping women in the water, as a punishment, on conviction of being common scolds.
Ducroire
Due
What ought to be paid; what may be demanded.
Due diligence
The process by which a purchaser of or an investor in a company or business investigates the records of the target to support its value and find out whether there are "skeletons in the cupboard". Professional reports from accountants and solicitors may be included. The due diligence process is covered by confidentiality undertakings and supported by warranties.
Due process
A fundamental principle of fairness in all legal matters, both criminal and civil, especially in the courts. Basic legal procedures set by statute and court practice, which must be followed for each individual so that no prejudicial or unequal treatment will result. The U.S. Constitution guarantees that the government cannot take away a person's basic rights to life, liberty or property, without due process of law. Due process is frequently utilized to control a choice of jurisdiction.
Due process of law
The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.
Due-bill
An acknowledgment of a debt, in writing, is so called.
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This dictionary contains 8526 terms.
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