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| This dictionary contains: 8526 juridical terms |
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Hold
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HoldTo decide, adjudge, decree. Whence also freehold and leasehold. "Holding", relating to ownership in property, embraces two idea: actual possession of some subject of property, and being invested with the legal title. It may be applied to anything the subject of property, in law or in equity.
RELATED TERMS--------------------------------------
Decree
1) Legislation. In some countries as in France, some acts of the legislature, or of the sovereign, which have the force of law, are called decrees. 2) Practice. The judgment or sentence of a court of equity.
Freehold
Estates. An estate of freehold is an estate in lands or other real property, held by a free tenure, for the life of the tenant or that of some other person; or for some uneertain period. It is called liberum tenementum, frank tenement or freehold; it was formerly described to be such an estate as could only be created by livery of seisin, a ceremony similar to the investiture of the feudal law. But since the introduction of certain modern conveyances, by which an estate of freehold may be created without livery of seisin, this description is not sufficient.
Leasehold
The right to an estate held by lease.
Ownership
Title to property. The right by which a thing belongs to some one in particular, to the exclusion of all other persons.
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.
Actual
Real; actual.
Possession
International law. By possession is meant a country which is held by no other title than mere conquest.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.
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".
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
His honor
A title given by the constitution of Massachusetts to the lieu- tenant governor of that commonwealth. It, is also customarily given to some inferior magistrates, as the mayor of a city.
History
Evidence. The recital of facts written and given out for true. Facts stated in histories may be read in evidence, on the ground of their notoriety.
Hodge-podge act
A name given to a legislative act which embraces many subjects. Such acts, besides being evident proofs of the ignorance of the makers of them, or of their want of good faith, are calculated to create a confusion which is highly prejudicial to the interests of justice. Instances of this wretched legislation are everywhere to be found.
Hoeres factus
Civil law. An heir instituted by testament; one made an heir by the testator.
Hoeres natus
Civil law. An heir by intestacy; he on whom an estate descends by operation of law.
Hold
Hold harmless
A phrase used to describe an agreement by which one person agrees to assume full liability for an obligation and protect another from any loss or expense from that obligation.
Holder
The holder of a bill of exchange is the person who is legally in the possession of it, either by endorsement or delivery, or both, and entitled to receive payment either from the drawee or acceptor, and is considered as an assignee. 4 Dall. 53. And one who endorses a promissory note for collection, as an agent, will be considered the holder for the purpose of transmitting notices.
Holding company
A company may own one or more other companies which are its subsidiaries. The relationship between parent and subsidiary depends on majority control of the voting rights of shares or the ability to appoint the majority of directors.
Holding over
The act of keeping possession by the tenant, without the consent of the landlord of premises which the latter, or those under whom he claims, had leased to the former, after the term has expired.
Holograph
What is written by one's own hand. The same as Olograph.
RELATED TERMS--------------------------------------
Decree
1) Legislation. In some countries as in France, some acts of the legislature, or of the sovereign, which have the force of law, are called decrees. 2) Practice. The judgment or sentence of a court of equity.
Freehold
Estates. An estate of freehold is an estate in lands or other real property, held by a free tenure, for the life of the tenant or that of some other person; or for some uneertain period. It is called liberum tenementum, frank tenement or freehold; it was formerly described to be such an estate as could only be created by livery of seisin, a ceremony similar to the investiture of the feudal law. But since the introduction of certain modern conveyances, by which an estate of freehold may be created without livery of seisin, this description is not sufficient.
Leasehold
The right to an estate held by lease.
Ownership
Title to property. The right by which a thing belongs to some one in particular, to the exclusion of all other persons.
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.
Actual
Real; actual.
Possession
International law. By possession is meant a country which is held by no other title than mere conquest.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.
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".
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
His honor
A title given by the constitution of Massachusetts to the lieu- tenant governor of that commonwealth. It, is also customarily given to some inferior magistrates, as the mayor of a city.
History
Evidence. The recital of facts written and given out for true. Facts stated in histories may be read in evidence, on the ground of their notoriety.
Hodge-podge act
A name given to a legislative act which embraces many subjects. Such acts, besides being evident proofs of the ignorance of the makers of them, or of their want of good faith, are calculated to create a confusion which is highly prejudicial to the interests of justice. Instances of this wretched legislation are everywhere to be found.
Hoeres factus
Civil law. An heir instituted by testament; one made an heir by the testator.
Hoeres natus
Civil law. An heir by intestacy; he on whom an estate descends by operation of law.
Hold
Hold harmless
A phrase used to describe an agreement by which one person agrees to assume full liability for an obligation and protect another from any loss or expense from that obligation.
Holder
The holder of a bill of exchange is the person who is legally in the possession of it, either by endorsement or delivery, or both, and entitled to receive payment either from the drawee or acceptor, and is considered as an assignee. 4 Dall. 53. And one who endorses a promissory note for collection, as an agent, will be considered the holder for the purpose of transmitting notices.
Holding company
A company may own one or more other companies which are its subsidiaries. The relationship between parent and subsidiary depends on majority control of the voting rights of shares or the ability to appoint the majority of directors.
Holding over
The act of keeping possession by the tenant, without the consent of the landlord of premises which the latter, or those under whom he claims, had leased to the former, after the term has expired.
Holograph
What is written by one's own hand. The same as Olograph.
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This dictionary contains 8526 terms.
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