Juridical Dictionary

This dictionary contains:
8526
juridical terms

Onerous gift






Onerous gift

Civil law. The gift of a thing subject to certain charges which the giver has imposed on the donee.

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.

Gift
1) Conveyancing. A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance; so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement; neither denotes a form of assurance, but the nature of the transaction. 2) Contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person who accepts it, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definitionstates, must be without consideration.

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.

Charges
The term charges signifies the expenses which have been incurred in relation either to a transaction or to a suit; as the charges incurred for his benefit must be paid by a hirer; the defendant must pay the charges of a suit.

Giver
Contracts. He who makes a gift. By his gift, the giver always impliedly agrees with the donee that he will not revoke the gift.

Donee
He to whom a gift is made, or a bequest given; one who is invested with a power to select an appointee, he is sometimes called an appointer.



SIMILAR TERMS
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Onerari non
The name of a plea by which the defendant says that he ought not to be charged. lt is used in an action of debt.

Oneris ferendi
Civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight of the buildings of the neighbor.

Onerous cause
Civil law. A valuable consideration.

Onerous contract
Civil law. One made for a consideration given or promised, however small.



PREVIOUS AND NEXT TERMS
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On a person's own recognizance
Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.

Onerari non
The name of a plea by which the defendant says that he ought not to be charged. lt is used in an action of debt.

Oneris ferendi
Civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight of the buildings of the neighbor.

Onerous cause
Civil law. A valuable consideration.

Onerous contract
Civil law. One made for a consideration given or promised, however small.

Onerous gift

Onus
Latin: the burden. It is usually used in the context of evidence. The onus of proof in criminal cases lies with the state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities. So "onus" refers both to the party with the burden, and to the scope of that burden, the latter depending whether the context is criminal or civil.

Onus probandi
Evidence. The burden of the proof.

Open court
The term sufficiently explains its meaning. By the constitution of some states, and by the laws and practice of all the others, the courts are required to be kept open; that is, free access is admitted in courts to all persons who have a desire to enter there, while it can be done without creating disorder.

Open policy
An open policy is one in which the amount of the interest of the insured is not fixed by the policy, and is to be ascertained in case of loss.

Open-ended agreement
An agreement or contract which does not have an ending date but which will continue for as long as certain conditions, identified in the agreement, exist.

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This dictionary contains 8526 terms.