Juridical Dictionary

This dictionary contains:
8526
juridical terms

Personality of laws






Personality of laws

Those laws which regulate the condition, state, or capacity of persons. The term is used in opposition to those laws which concern property, whether real or personal, and things

RELATED TERMS
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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.

State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.

Capacity
This word, in the law sense, denotes some ability, power, qualifi- cation, or competency of persons, natural, or artificial, for the performance of civil acts, depending on their state or condition, as defined or fixed by law; as, the capacity to devise, to bequeath, to grant or convey lands; to take; or to take. and hold lands to make a contract, and the like.

Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.

Opposition
practice. The act of a creditor who, declares his dissent to a debtor's being discharged under the insolvent laws.

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.

Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Personal
Belonging to the person.

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.



SIMILAR TERMS
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Person
This word is applied to men, women and children, who are called natural persons.

Person in need of supervision
Juvenile found to have committed a "status offense" rather than a crime that would provide a basis for a finding of delinquency.

Personable
Having the capacities of a person.

Personal
Belonging to the person.

Personal actions
Personal actions are those brought for the specific goods and chattels; or for damages or other redress for breach of contract or for injuries of every other description; the specific recovery of lands, tenements and hereditaments only excepted.

Personal identification number
A code used to access personal data or accounts.

Personal injury attorney
An attorney specialized in cases of personal injury and related disputes and litigation.

Personal injury law
Legislation dealing with cases of personal injury, redress and compensation thereof.

Personal injury lawsuit
A lawsuit originated in a personal injury inflicted to one or more individuals.

Personal injury lawyer
A lawyer specialized in personal injury disputes and litigation.

Personal injury litigation
Litigation on matters of personal injury.

Personal jurisdiction
The power of the court to make orders regarding an individual and have them enforced.

Personal liberty


Personal poinding
Scotch law. Poinding of the goods belonging to the debtor; and of those goods only.

Personal property
The right or interest which a man has in things personal; it consists of things temporary and movable, and includes all subjects of property not of a freehold nature, nor descendable to the heirs at law.

Personal recognizance
In criminal proceedings, the pretrial release of a defendant without bail upon his or her promise to return to court.

Personal representative
In the law of wills, this is the general name given to the person who administers the estate of a deceased person. There are two kinds of personal representatives. Where a person dies without a will, the court must appoint an administrator. Where a personal representative is named in a will, the personal representative is known as an executor.

Personal representatives
These words are construed to mean the executors or administrators of the person deceased.

Personal security
The legal and uninterrupted enjoyment by a man of his life, his body, his health and his reputation.

Personality
An abstract of personal. It also signifies what belongs to the person.

Personate
To personate. The act of assuming the character of another without lawful authority, and, in such character, doing something to his prejudice, or to the prejudice of another, without his will or consent.

Personification theory
A theory of maritime liens, particularly popular in the United States, which understands such liens as rights against a ship, treated as being a person.

Persuade
To persuade. To induce to act.

Persuading
Persuading is inducing-others to act.

Persuasion
The act of influencing by expostulation or request. While the persuasion is confined within those limits which leave the mind free, it may be used to induce another to make his will, or even to make it in his own favor; but if such persuasion should so far operate on the mind of the testator, that he would be deprived of a perfectly free will, it would vitiate the instrument.



PREVIOUS AND NEXT TERMS
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Personal recognizance
In criminal proceedings, the pretrial release of a defendant without bail upon his or her promise to return to court.

Personal representative
In the law of wills, this is the general name given to the person who administers the estate of a deceased person. There are two kinds of personal representatives. Where a person dies without a will, the court must appoint an administrator. Where a personal representative is named in a will, the personal representative is known as an executor.

Personal representatives
These words are construed to mean the executors or administrators of the person deceased.

Personal security
The legal and uninterrupted enjoyment by a man of his life, his body, his health and his reputation.

Personality
An abstract of personal. It also signifies what belongs to the person.

Personality of laws

Personate
To personate. The act of assuming the character of another without lawful authority, and, in such character, doing something to his prejudice, or to the prejudice of another, without his will or consent.

Personification theory
A theory of maritime liens, particularly popular in the United States, which understands such liens as rights against a ship, treated as being a person.

Persuade
To persuade. To induce to act.

Persuading
Persuading is inducing-others to act.

Persuasion
The act of influencing by expostulation or request. While the persuasion is confined within those limits which leave the mind free, it may be used to induce another to make his will, or even to make it in his own favor; but if such persuasion should so far operate on the mind of the testator, that he would be deprived of a perfectly free will, it would vitiate the instrument.

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This dictionary contains 8526 terms.