![]() |
||||||||||||||||
|
||||||||||||||||
|
Exempt property
Exempt propertyAll the property of a debtor which is not attachable under the Bankruptcy Code or the state statute. RELATED TERMS-------------------------------------- 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. 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. Bankruptcy Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their creditors. A declared state of bankruptcy can be requested or initiated by the bankrupt individual or organisation, or it can be requested by creditors in an effort to recoup a portion of what they are owed. However, in the overwhelming majority of cases, the bankruptcy is initiated by the "bankrupt" individual or organization. Code Legislation. Signifies in general a collection of laws. It is a name given by way of eminence to a collection of such laws made by the legislature. State 1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him. Statute The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature. SIMILAR TERMS-------------------------------------- Exemplification Evidence. A perfect copy of a record, or office book lawfull kept, so far as relates to the matter in question. 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. Exempts Persons who are not bound by law, but excused from the performance of duties imposed upon others. PREVIOUS AND NEXT TERMS-------------------------------------- Executory Whatever may be executed; as an executory sentence or judgment, an executory contract. Executory contract doctrine The 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. 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 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. Exempts Persons who are not bound by law, but excused from the performance of duties imposed upon others. Exequatur 1) French law. This Latin word was, in the ancient practice, placed at the bottom of a judgment emanating from another tribunal, and was a permission and authority to the officer to execute it within the jurisdiction of the judge who put it below the judgment. 2) International law. A declaration made by the executive of a government near to which a consul has been nominated and appointed , after such nomination and appointment has been notified, addressed to the people, in which is recited the appointment of the foreign state, and that the executive having approved of the consul as such, commands all the citizens to receive, countenance, and, as there may be occasion, favorably assist the consul in the exercise of his place, giving and allowing him all the privileges, immunities, and advantages, thereto belonging. Exequatur procedure The ordinary legal mechanism used in civil law countries to secure the recognition and enforcement of the judgments that have no automatic effect or “authority” in themselves. Exercitor A term in the civil law, to denote the person who fits out, and equips a vessel, whether he be the absolute or qualified owner, or even a mere agent. We thank you for using the Juridical Dictionary to search for Exempt property. If you have a better definition for Exempt property than the one presented here, please let us know by making use of the suggest a term option. This definition of Exempt property may be disputed by other professionals. Our attempt is to provide easy definitions on Exempt property and any other medical topic for the public at large.
|
|||||||||||||||
| © Juridical Dictionary 2005. All rights reserved. | ||||||||||||||||