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| This dictionary contains: 8526 juridical terms |
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Mancipatio
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MancipatioCivil law. The act of transferring things called res mancipi. This is effected in the presence of not less than five witnesses, who must be Roman citizens and of the age of puberty, and also in the presence of another person of the same condition, who holds a pair of brazen scales, and hence is called Libripens. The purchaser (qui mancipio accipit) taking hold of the thing, says I affirm that this slave (homo) is mine, ex jure quiritium, and he is purchased by me with this piece of money (sas) and brazen scales. He then strikes the scales with the piece of money and gives it to the seller as a symbol of the price (quasi pretii loco.) The purchaser or person to whom the mancipatio was made did not acquire the possession of the mancipatio; for the acquisition of possession was a separate act.
RELATED TERMS--------------------------------------
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.
Things
By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons.
Presence
The existence of a person in a particular place.
Witnesses
People who may have information of a Fraud based on observation.
Puberty
Civil law. The age in boys after fourteen years until full age, and in girls after twelve years until full age.
Person
This word is applied to men, women and children, who are called natural persons.
Condition
Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise.
Purchaser
contracts. A buyer, a vendee.
Taking
1) English law. The union of securities given at different times, so as to prevent any intermediate purchasers claiming title to redeem, or otherwise discharge one lien, which is prior, without redeeming or discharging other liens also, which are subsequent to his own title. 2) Crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away, to constitute the crime of larceny.
Hold
To 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.
Slave
A man who is by law deprived of his liberty for life, and becomes the property of another.
Mine
An excavation made for obtaining minerals from the bowels of the earth, and the minerals themselves are known by the name of mine
Jure
By law; by right; in right; as, jure civilis, by the civil law; jure gentium, by the law of nations; jure representationis, by right of representation; jure uxoris, in right of a wife.
Money
Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weight and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, and marked with a Stamp which attests their value; this is called money.
Seller
Contracts. One who disposes of a thing in consideration of money; a vendor
Symbol
A sign; a token; a representation of one thing by another.
Price
contracts. The consideration in money given for the purchase of a thing.
Mancipatio
Civil law. The act of transferring things called res mancipi. This is effected in the presence of not less than five witnesses, who must be Roman citizens and of the age of puberty, and also in the presence of another person of the same condition, who holds a pair of brazen scales, and hence is called Libripens. The purchaser (qui mancipio accipit) taking hold of the thing, says I affirm that this slave (homo) is mine, ex jure quiritium, and he is purchased by me with this piece of money (sas) and brazen scales. He then strikes the scales with the piece of money and gives it to the seller as a symbol of the price (quasi pretii loco.) The purchaser or person to whom the mancipatio was made did not acquire the possession of the mancipatio; for the acquisition of possession was a separate act.
Possession
International law. By possession is meant a country which is held by no other title than mere conquest.
Act
1) Civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed. 2) Evidence. The act of one of several conspirators, performed inpursuance of the common design, is evidence against all of them.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Malveilles
In some ancient records this word signifies malicious practices, or crimes and misdemeaners.
Malversation
French law. This word is applied to all punishable faults committed in the exercise of an office, such as corruptions, exactions, extortions and larceny.
Man
A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man.
Manager
A person, appointed or elected to manage the affairs of another, but the term is more usually applied to those officers of a corporation who are authorized to manage its affairs.
Manbote
In a barbarous age, when impunity could be purchased with money, the compensation which was paid for homicide was called manbote.
Mancipatio
Mandamus
Practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
Mandant
The principal in the contract of mandate is so called.
Mandatarius
One who is entrusted with and undertakes to perform a mandate. This word is used by the civilians in the same sense that we use mandatary.
Mandatary
Contracts. One who undertakes to perform a mandate.
Mandate
1) Mandatum or commission, contracts. Sir William Jones defines a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them. This seems more properly an enumeration of the various sorts of mandates than a definition of the contract. According to Mr. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward. 2) Practice. A judicial command or precept issued by a court or magi- trate, directing the proper officer to enforce a judgment, sentence or decree.
RELATED TERMS--------------------------------------
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.
Things
By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons.
Presence
The existence of a person in a particular place.
Witnesses
People who may have information of a Fraud based on observation.
Puberty
Civil law. The age in boys after fourteen years until full age, and in girls after twelve years until full age.
Person
This word is applied to men, women and children, who are called natural persons.
Condition
Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise.
Purchaser
contracts. A buyer, a vendee.
Taking
1) English law. The union of securities given at different times, so as to prevent any intermediate purchasers claiming title to redeem, or otherwise discharge one lien, which is prior, without redeeming or discharging other liens also, which are subsequent to his own title. 2) Crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away, to constitute the crime of larceny.
Hold
To 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.
Slave
A man who is by law deprived of his liberty for life, and becomes the property of another.
Mine
An excavation made for obtaining minerals from the bowels of the earth, and the minerals themselves are known by the name of mine
Jure
By law; by right; in right; as, jure civilis, by the civil law; jure gentium, by the law of nations; jure representationis, by right of representation; jure uxoris, in right of a wife.
Money
Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weight and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, and marked with a Stamp which attests their value; this is called money.
Seller
Contracts. One who disposes of a thing in consideration of money; a vendor
Symbol
A sign; a token; a representation of one thing by another.
Price
contracts. The consideration in money given for the purchase of a thing.
Mancipatio
Civil law. The act of transferring things called res mancipi. This is effected in the presence of not less than five witnesses, who must be Roman citizens and of the age of puberty, and also in the presence of another person of the same condition, who holds a pair of brazen scales, and hence is called Libripens. The purchaser (qui mancipio accipit) taking hold of the thing, says I affirm that this slave (homo) is mine, ex jure quiritium, and he is purchased by me with this piece of money (sas) and brazen scales. He then strikes the scales with the piece of money and gives it to the seller as a symbol of the price (quasi pretii loco.) The purchaser or person to whom the mancipatio was made did not acquire the possession of the mancipatio; for the acquisition of possession was a separate act.
Possession
International law. By possession is meant a country which is held by no other title than mere conquest.
Act
1) Civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed. 2) Evidence. The act of one of several conspirators, performed inpursuance of the common design, is evidence against all of them.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Malveilles
In some ancient records this word signifies malicious practices, or crimes and misdemeaners.
Malversation
French law. This word is applied to all punishable faults committed in the exercise of an office, such as corruptions, exactions, extortions and larceny.
Man
A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man.
Manager
A person, appointed or elected to manage the affairs of another, but the term is more usually applied to those officers of a corporation who are authorized to manage its affairs.
Manbote
In a barbarous age, when impunity could be purchased with money, the compensation which was paid for homicide was called manbote.
Mancipatio
Mandamus
Practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
Mandant
The principal in the contract of mandate is so called.
Mandatarius
One who is entrusted with and undertakes to perform a mandate. This word is used by the civilians in the same sense that we use mandatary.
Mandatary
Contracts. One who undertakes to perform a mandate.
Mandate
1) Mandatum or commission, contracts. Sir William Jones defines a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them. This seems more properly an enumeration of the various sorts of mandates than a definition of the contract. According to Mr. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward. 2) Practice. A judicial command or precept issued by a court or magi- trate, directing the proper officer to enforce a judgment, sentence or decree.
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This dictionary contains 8526 terms.
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