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Positive
PositiveExpress; absolute; not doubtful. This word is frequently used in composition. RELATED TERMS-------------------------------------- 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. Absolute Without any condition or encumbrance, as an "absolute bond,"simplex obligatio, in distinction from a conditional bond; Word Construction. One or more syllables which when united convey an idea a single part of speech. Composition Contracts. An agreement, made upon a sufficient consideration, between a debtor and creditor, by which the creditor accepts part of the debt due to him in satisfaction of the whole. SIMILAR TERMS-------------------------------------- Positive law Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1.) The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2.) The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 3) The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force. PREVIOUS AND NEXT TERMS-------------------------------------- Portfolio copies Writers' copies of documents produced on a job to use for work samples. Portion That part of a parent's estate, or the estate of one standing in loco parentis, which is given to a child. Portoria Civil law. Duties paid in ports on merchandise. Port-reeve English law. In some places in England an officer bearing this name is the chief magistrate of a port-town. Portsales Auctions were anciently so called, because they took place in ports Positive Positive law Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1.) The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2.) The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 3) The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force. Posse This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be; when the thing is in being, the phrase to express it is, in esse. Posse comitatus These Latin words signify the power of the county. Possessed This word is applied to the right and enjoyment of a termor or a person having a term, who is said to be possessed, and not seized. Possessio fratris The brother's possession. This is a technical phrase which is applied in the English law relating to descents. By the common law, the ancestor from whom the inheritance was taken by descent, must have had actual seisin of the lands, either by his own entry, or by the possession of his own, or his ancestor's lessee for years, or by being in the receipt of rent from the lessee of the freehold. But there are qualifications as to this rule, one of which arises from the doctrine of possesio fratris. The possession of a tenant for years, guardian or brother, is equivalent to that of the party himself, and is termed in law possessio fratris. We thank you for using the Juridical Dictionary to search for Positive. If you have a better definition for Positive than the one presented here, please let us know by making use of the suggest a term option. This definition of Positive may be disputed by other professionals. Our attempt is to provide easy definitions on Positive and any other medical topic for the public at large.
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