Juridical Dictionary

This dictionary contains:
8526
juridical terms

Fraudulent conveyance




Fraudulent conveyance

A conveyance of property without any consideration of value, for the purpose of delaying or bindering creditors. These are declared void by the statutes, the principles of which have been adopted in perhaps all the states of the American Union.

RELATED TERMS
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Conveyance
A written document which transfers property from one person to another. In real-estate law, the conveyance usually refers to the actual document which transfers ownership, between persons living (i.e. other than by will), or which charges the land with another's interest, such as a mortgage.

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.

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.

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.

Value
Common law. This term has two different meanings. It sometimes expresses the utility of an object, and some times the power of purchasing other good with it. The first may be called value in use, the latter value in exchange.

Void
Invalid; a void agreement is one for which there is no remedy.

Principles
By this term is understood truths or propositions so clear that they cannot be proved nor contradicted, unless by propositions which are still clearer. They are of two kinds, one when the principle is universal, and these are kuown as axioms or maxims; as, no one can transmit rights which he has not; the accessory follows the principal, &c. The other class are simply called first principles.

States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.

Union
By this word is understood the United States of America; as, all good citizens will support the Union.



SIMILAR TERMS
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Fraud
Contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law.

Fraud scenarios
A method of developing mental models of possible Frauds. "Thinking like a crook."

Frauds, statute of
The name commonly given to the statate, entitled " An act for prevention of frauds and perjuries." This statute has been re-enacted in most. of the states of the Union, generally with omissions, amendments, or alterations. When the words of the statute have been used, the construction put upon them has also been adopted. Most of the acts of the different states will be found in Anthon's Appendix to Shep. Touchst.

Fraudster
One who commits the Fraud.



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Fratricide
Criminal law. He who kills his brother or sister. The crime of such a person is also called fratricide

Fraud
Contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law.

Fraud scenarios
A method of developing mental models of possible Frauds. "Thinking like a crook."

Frauds, statute of
The name commonly given to the statate, entitled " An act for prevention of frauds and perjuries." This statute has been re-enacted in most. of the states of the Union, generally with omissions, amendments, or alterations. When the words of the statute have been used, the construction put upon them has also been adopted. Most of the acts of the different states will be found in Anthon's Appendix to Shep. Touchst.

Fraudster
One who commits the Fraud.

Fraudulent conveyance

Free
"1) Not bound to servitude; at liberty to act as one pleases. This word is put in opposition to slave. 2) Ships. By this is understood neutral vessels. Free ships are sometimes considered as making free goods.

Free course
Maritime law. Having the wind from a favorable quarter.

Free frank
This word is used in composition, as frank-almoign, frank-marriage, frank-tenement.

Free pratique
Permission given to a ship to use a port after it has been certified free of disease by competent health authorities.

Free warren
English law. A franchise erected for the preservation and custody of beasts and fowls of warren.

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This dictionary contains 8526 terms.







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