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Nexum
NexumRoman civil law. Viewed as to its object and legal effect, nexum was either the transfer of the ownership of a thing, or the transfer of a thing to a creditor as a security. Accordingly in one sense nexum included mancipium, in another sense mancipium and nexum are opposed in the same way in which sale and mortgage or pledge are opposed. The formal part of both transactions consisted in a transfer per Des et libram. The person who became nexus by the effect of a nexum, placed himself in a servile condition, not becoming a slave, his ingenuitas being only in suspense, and was said nexum inire. The phrases nexi datio, nexi liberatio, respectively express the contracting and the release from the obligation. 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. 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. Effect The operation of a law, of an agreement, or an act, is called its effect. Nexum Roman civil law. Viewed as to its object and legal effect, nexum was either the transfer of the ownership of a thing, or the transfer of a thing to a creditor as a security. Accordingly in one sense nexum included mancipium, in another sense mancipium and nexum are opposed in the same way in which sale and mortgage or pledge are opposed. The formal part of both transactions consisted in a transfer per Des et libram. The person who became nexus by the effect of a nexum, placed himself in a servile condition, not becoming a slave, his ingenuitas being only in suspense, and was said nexum inire. The phrases nexi datio, nexi liberatio, respectively express the contracting and the release from the obligation. Transfer Contracts The act by which the owner of a thing delivers it to another person, with the intent of passing the rights which he has in it to the latter. Ownership Title to property. The right by which a thing belongs to some one in particular, to the exclusion of all other persons. Creditor Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something. Security That which renders a matter sure; an instrument which renders certain the performance of a contract. The term is also sometimes applied to designate a person who becomes the surety for another, or who engages himself for the performance of another's contract. Sale Contracts. An agreement by which one of the contracting parties, called the seller, gives a thing and passes the title to it, in exchange for a certain price in current money, to the other party, who is called the buyer or purchaser, who, on his part, agrees to pay such price. Mortgage A legal instrument that creates a lien upon real estate securing the payment of a specific debt. Pledge Pledge or pawn. Contracts. These words seem indifferently used to convey the same idea. 2) Pledge Contracts. He who becomes security for another, and, in this sense, every one who becomes bail for another is a pledge Person This word is applied to men, women and children, who are called natural persons. Nexus (United Kingdom) Connection. 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. Slave A man who is by law deprived of his liberty for life, and becomes the property of another. Suspense When a rent, profit a prendre, and the like, are, in consequence of the unity of possession of the rent, &c., of the land out of which they issue, not in esse for a time, they are said to be in suspense, tunc dormiunt, but they may be revived or awakened. Said Before mentioned. Express That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum. Release 1) Estates. The "conveyance of a man's interest or right, which he hath unto a thing, to another that hath the possession thereof, or some estate therein." 2) Contracts. A release is the giving or discharging of a right of action which a man has or may claim against another, or that which is his. 3) Releases are of two kinds: 1) Such as give up, discharge, or abandon a right of action. 2) Such as convey a man's interest or right to another, who has possession of it, or some estate in the same. Obligation In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made. SIMILAR TERMS-------------------------------------- Nexus (United Kingdom) Connection. PREVIOUS AND NEXT TERMS-------------------------------------- New york convention The "Convention on the Recognition and Enforcement of Foreign Arbitral Awards" was signed on June 10, 1958 in New York. This convention deals with the recognition of foreign arbitral awards (supra) and the enforcement of arbitration clauses (supra). Newly discovered evidence That evidence which, after diligent search for it, was not discovered until after the trial of a cause. Newspapers Papers for conveying news, printed and distributed periodically. Next friend One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or other person, not sui juris. Next of kin This term is used to signify the relations of a party who has died intestate. Nexum Nexus (United Kingdom) Connection. Niece Domestic relations: The daughter of a person's brother or sister. Nief Old English law. A woman born in vassalage. In Latin she was called Nativa. Nient comprise Not included. It is an exception taken to a petition, because the thing desired is not contained in that deed or proceeding wltereoia the petition is founded. Nient culpable Not guilty. The name of a pleading used to deny any charge of al nature, or of a tort. We thank you for using the Juridical Dictionary to search for Nexum. If you have a better definition for Nexum than the one presented here, please let us know by making use of the suggest a term option. This definition of Nexum may be disputed by other professionals. Our attempt is to provide easy definitions on Nexum and any other medical topic for the public at large.
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