Juridical Dictionary

This dictionary contains:
8526
juridical terms

Fidei-commissary




Fidei-commissary

Civil law. One who has a beneficial interest in an estate, which, for a time, is committed to the faith or trust of another. This term has nearly, the same meaning as cestui que trust has in our law.

RELATED TERMS
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Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.

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.

Beneficial
Of advantage, profit or interest; as the wife has a beneficial interest in property held by a trustee for her.

Interest
1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties.

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

Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.

Faith
Probity; good faith is the very soul of contracts. Faith also signifies confidence, belief; as, full faith and credit ought to be given to the acts of a magistrate while acting within his jurisdiction.

Trust
Contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence.

Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.

Cestui
He. This word is frequently used in composition as, cestui que trust, cestui que vie.



SIMILAR TERMS
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Fide-jussio
Civil law. The contract of suretyship.

Fide-jussor
Civil law. One who becomes security for the debt of another, promising to pay it in case the principal does not do so.

Fidei-commissum
Civil law. A gift which a man makes to another, through the agency of a third person, who is requested to perform the desire of the giver. For example, when a testator writes, "I institute for my heir, Lucius Titius," he may add, "I pray my heir, Lucius Titius, to deliver, as soon as he shall be able, my succession to Caius Seius: cum igitur aliquis scripserit Lucius Tilius heres esto; potest ajicere, rogo te Luci Titi, ut cum poteris hereditatem meam adire, eam Caio Sceio reddas, restituas.

Fides
Latin. Trust, confidence, reliance; credence, belief, faith.

Fides servanda
Faith must be kept; the good faith of a transaction will be given effect. A maxim with regard to sales of personalty. If there is no express warranty, general rules of implication should be adopted with this maxim in view. A warranty will be implied only when good faith requires it.



PREVIOUS AND NEXT TERMS
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Fictitious
1) Not real; feigned: as, a fictitious - action, case, issue, name, party, payee. 2) Imaginary; unsubstancial: as, fictitious bail. 3) Not made in good faith: as, a fictitious bid.

Fictitious actions
Practice. Suits brought. on pretended rights.

Fictitious payee
Contract. A supposed person; a payee, who has no existence.

Fictitious refunds scheme
Preparing false documents of refunds to cover thefts of cash. A retail cashiering fraud.

Fictitious sales
A scheme to record sales to fictitious customers or fictitious sales to existing customers at the end of one period and reversing the transactions at the beginning of the next period. The purpose of the scheme is to inflate sales to create false profit statements or earn unwarranted bonuses. Excessive credit memos or sales cancellations at the beginning of an accounting period can be an indicator of this fraud.

Fidei-commissary

Fidei-commissum
Civil law. A gift which a man makes to another, through the agency of a third person, who is requested to perform the desire of the giver. For example, when a testator writes, "I institute for my heir, Lucius Titius," he may add, "I pray my heir, Lucius Titius, to deliver, as soon as he shall be able, my succession to Caius Seius: cum igitur aliquis scripserit Lucius Tilius heres esto; potest ajicere, rogo te Luci Titi, ut cum poteris hereditatem meam adire, eam Caio Sceio reddas, restituas.

Fide-jussio
Civil law. The contract of suretyship.

Fide-jussor
Civil law. One who becomes security for the debt of another, promising to pay it in case the principal does not do so.

Fides
Latin. Trust, confidence, reliance; credence, belief, faith.

Fides servanda
Faith must be kept; the good faith of a transaction will be given effect. A maxim with regard to sales of personalty. If there is no express warranty, general rules of implication should be adopted with this maxim in view. A warranty will be implied only when good faith requires it.

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This dictionary contains 8526 terms.







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