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Executory contract doctrine
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Executory contract doctrineThe American general maritime law (infra) principle that no maritime lien arises from the breach of an unexecuted contract. Such a contract gives rise only to an action in personam, and not to an action in rem. For example, no maritime lien arises for breach of a seaman's employment contract unless the seaman has performed some work on board; nor does a lien exist for the supply of necessaries which have not been furnished to the ship.
RELATED TERMS--------------------------------------
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Maritime
That which belongs to or is connected with the sea.
Lien
Contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied.
Breach
The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
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.
Example
An example is a case put to illustrate a. principle.
Employment
An employment is an office.
Seaman
A sailor; a mariner; one whose business is navigation.
Board
This word is used to designate all the magistrates of a city or borough, or all the managers or directors of any institution; as, the board of aldermen; the board of directors of the Bank of North America. The majority of the board have in general the power to perform the acts of the whole board, but sometimes they are restrained by their charters, and it requires a greater number to perform certain acts.
Necessaries
Such things as are proper and requisite for tlie sustenance of man.
Ship
This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel.
SIMILAR TERMS--------------------------------------
Execute
To complete; to sign; to carry out according to its terms.
Executio non
These words occur in the stat.in the following connexion: Et...precipiatur vice comiti quod scire faciat parti... quod sit ad certum diem ostensura si quid sciat dicere quare hujustnodi irrotulata vel in fine contenta executionem habere non debeant. This statute is the origin of the scire facias post annum et diem quare executionem non. To a plea in bar to such a writ, the defendant should conclude that the plaintiff ought not to have or maintain his aforesaid execution thereof against him, which is called the executio non, as in other cases by actio non.
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Execution paree
By the term execution paree, which is used in Louisiana, is meant a right founded on an authentic act; that is, and passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold, the property of his debtor, out of the proceeds of which to receive his payment.
Executioner
The name given to him who puts criminals to death, according to their sentence; a hangman.
Executive
Government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
Executory
Whatever may be executed; as an executory sentence or judgment, an executory contract.
Executory process
Via executoria. In Louisiana, this is a process which can be resorted to only in two. cases, namely: 1) When the creditor's right arises-from an act importing a confession of judgment, and which contains a privilege or mortgage in his favor. 2) When the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought.
Executrix
A woman who has been appointed by. will to execute such will or testament.
PREVIOUS AND NEXT TERMS--------------------------------------
Execution paree
By the term execution paree, which is used in Louisiana, is meant a right founded on an authentic act; that is, and passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold, the property of his debtor, out of the proceeds of which to receive his payment.
Executioner
The name given to him who puts criminals to death, according to their sentence; a hangman.
Executive
Government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
Executory
Whatever may be executed; as an executory sentence or judgment, an executory contract.
Executory contract doctrine
Executory process
Via executoria. In Louisiana, this is a process which can be resorted to only in two. cases, namely: 1) When the creditor's right arises-from an act importing a confession of judgment, and which contains a privilege or mortgage in his favor. 2) When the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought.
Executrix
A woman who has been appointed by. will to execute such will or testament.
Exemplification
Evidence. A perfect copy of a record, or office book lawfull kept, so far as relates to the matter in question.
Exempt property
All the property of a debtor which is not attachable under the Bankruptcy Code or the state statute.
Exemption
A privilege which dispenses with the general rule; clergymen are exempt from serving on juries. Exemptions are generally allowed, not for the benefit of the individual, but for some public advantage.
RELATED TERMS--------------------------------------
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Maritime
That which belongs to or is connected with the sea.
Lien
Contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied.
Breach
The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
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.
Example
An example is a case put to illustrate a. principle.
Employment
An employment is an office.
Seaman
A sailor; a mariner; one whose business is navigation.
Board
This word is used to designate all the magistrates of a city or borough, or all the managers or directors of any institution; as, the board of aldermen; the board of directors of the Bank of North America. The majority of the board have in general the power to perform the acts of the whole board, but sometimes they are restrained by their charters, and it requires a greater number to perform certain acts.
Necessaries
Such things as are proper and requisite for tlie sustenance of man.
Ship
This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel.
SIMILAR TERMS--------------------------------------
Execute
To complete; to sign; to carry out according to its terms.
Executio non
These words occur in the stat.in the following connexion: Et...precipiatur vice comiti quod scire faciat parti... quod sit ad certum diem ostensura si quid sciat dicere quare hujustnodi irrotulata vel in fine contenta executionem habere non debeant. This statute is the origin of the scire facias post annum et diem quare executionem non. To a plea in bar to such a writ, the defendant should conclude that the plaintiff ought not to have or maintain his aforesaid execution thereof against him, which is called the executio non, as in other cases by actio non.
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Execution paree
By the term execution paree, which is used in Louisiana, is meant a right founded on an authentic act; that is, and passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold, the property of his debtor, out of the proceeds of which to receive his payment.
Executioner
The name given to him who puts criminals to death, according to their sentence; a hangman.
Executive
Government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
Executory
Whatever may be executed; as an executory sentence or judgment, an executory contract.
Executory process
Via executoria. In Louisiana, this is a process which can be resorted to only in two. cases, namely: 1) When the creditor's right arises-from an act importing a confession of judgment, and which contains a privilege or mortgage in his favor. 2) When the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought.
Executrix
A woman who has been appointed by. will to execute such will or testament.
PREVIOUS AND NEXT TERMS--------------------------------------
Execution paree
By the term execution paree, which is used in Louisiana, is meant a right founded on an authentic act; that is, and passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold, the property of his debtor, out of the proceeds of which to receive his payment.
Executioner
The name given to him who puts criminals to death, according to their sentence; a hangman.
Executive
Government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
Executory
Whatever may be executed; as an executory sentence or judgment, an executory contract.
Executory contract doctrine
Executory process
Via executoria. In Louisiana, this is a process which can be resorted to only in two. cases, namely: 1) When the creditor's right arises-from an act importing a confession of judgment, and which contains a privilege or mortgage in his favor. 2) When the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought.
Executrix
A woman who has been appointed by. will to execute such will or testament.
Exemplification
Evidence. A perfect copy of a record, or office book lawfull kept, so far as relates to the matter in question.
Exempt property
All the property of a debtor which is not attachable under the Bankruptcy Code or the state statute.
Exemption
A privilege which dispenses with the general rule; clergymen are exempt from serving on juries. Exemptions are generally allowed, not for the benefit of the individual, but for some public advantage.
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This dictionary contains 8526 terms.
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