Juridical Dictionary

This dictionary contains:
8526
juridical terms

Equitable mortgage






Equitable mortgage

English law. The deposit of title-deeds, by the owner of an estate, with a person from whom he has borrowed money, with an accompanying agreement to execute a regular mortgage, or by the mere deposit, without even any verbal agreement respecting a regular security.

RELATED TERMS
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Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Owner
Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right.

Estate
A right or interest in property or the property of a deceased person.

Person
This word is applied to men, women and children, who are called natural persons.

Money
Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weight and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, and marked with a Stamp which attests their value; this is called money.

Agreement
A verbal or written resolution of disputes.

Execute
To complete; to sign; to carry out according to its terms.

Mortgage
A legal instrument that creates a lien upon real estate securing the payment of a specific debt.

Mere
This is the French word for mother. It is frequently used as, in ventre sa mere, which signifies; a child unborn, or in the womb.

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.

Verbal
Parol; by word of mouth; as verbal agreement; verbal evidence. Not in writing

Security
That which renders a matter sure; an instrument which renders certain the performance of a contract. The term is also sometimes applied to designate a person who becomes the surety for another, or who engages himself for the performance of another's contract.



SIMILAR TERMS
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Equinox
The name given to two periods of the year when the days and nights are equal; that is, when the space of time between the rising and setting of the sun is one half of a natural day.

Equitable
That which is in conformity to the natural law.

Equitable action
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.

Equitable defense
A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.

Equitable division (distribution)
A system of dividing property acquired by spouses during their marriage in connection with a divorce proceeding.

Equitable estate
An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.

Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".

Equity analysis
A term I have coined for the recent American theory of conflict of laws, whereby the law of a jurisdiction (infra) is chosen in order to arrive at an equitable or teleological (infra) solution to a conflict problem.

Equity, court of
A court of equity is one which administers justice, where there are no legal rights, or legal rights, but courts of law do not afford a complete, remedy, and where the complainant has also an equitable right.

Equity, courts of
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.

Equivalent
Of the same value.

Equivocal
What has a double sense.



PREVIOUS AND NEXT TERMS
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Equitable
That which is in conformity to the natural law.

Equitable action
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.

Equitable defense
A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.

Equitable division (distribution)
A system of dividing property acquired by spouses during their marriage in connection with a divorce proceeding.

Equitable estate
An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.

Equitable mortgage

Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".

Equity analysis
A term I have coined for the recent American theory of conflict of laws, whereby the law of a jurisdiction (infra) is chosen in order to arrive at an equitable or teleological (infra) solution to a conflict problem.

Equity, court of
A court of equity is one which administers justice, where there are no legal rights, or legal rights, but courts of law do not afford a complete, remedy, and where the complainant has also an equitable right.

Equity, courts of
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.

Equivalent
Of the same value.

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This dictionary contains 8526 terms.