Juridical Dictionary

This dictionary contains:
8526
juridical terms

Res perit domino




Res perit domino

The thing is lost to the owner. This phrase is used to express that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. For example, an article is sold; if the seller have perfected the title of the buyer so that it is his, and it be destroyed, it is the buyer's loss; but if, on the contrary, something remains to be done before the title becomes vested in the buyer, then the loss falls on the seller.

RELATED TERMS
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Lost
What was once possessed and cannot now be found.

Owner
Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right.

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.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

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

Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.

Example
An example is a case put to illustrate a. principle.

Seller
Contracts. One who disposes of a thing in consideration of money; a vendor

Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.

Buyer
Contracts. A purchaser; a vendee.

Loss
contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious.



SIMILAR TERMS
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Res gesta
Evidence. The subject matter; thing done.

Res gestae
(United Kingdom) The thing done.

Res integra
An entire thing; an entirely new or untouched matter. This term is applied to those points of law which have not been decided, which are "untouched by dictum or decision."

Res inter alios acta
Evidence. This is a technical phrase which signifies acts of others, or transactions between others.

Res ipsa loquitur
The thing speaks for itself, the presumption, for example that damages caused by an inanimate object, without human intervention, result from some fault or negligence on the part of the owner or possessor of the object in whose custody it was at the time it caused the harm.

Res judicata
The thing having been adjuded, referring to the principle that once a court of competent jurisdiction has rendered a final and conclusive decision in a dispute, the same cause of action may not normally be tried again

Res mancipi
Roman civil law. Those things which might be sold and alienated, or the property of them transferred from one person to another. The division of things in to res mancipi and res nec mancipi, was one of ancient origin, and it continued to a late period in the empire.

Res nova
Something new; something not before decided.

Res nulis
(United Kingdom) Nobody’s property.

Res nullius
A thing which has no owner. A thing which has been abandoned by its owner is as much res nullius as if it had never belonged to any one.

Res tudic ata
Practice. The decision of a legal or equitable issue, by a court of competent jurisdiction.

Res universatis
Those things which belong to cities or municipal corporations are so called; they belong so far to the public that they cannot be appropriated to private use; such as public squares, market houses, streets, and the like.



PREVIOUS AND NEXT TERMS
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Res judicata
The thing having been adjuded, referring to the principle that once a court of competent jurisdiction has rendered a final and conclusive decision in a dispute, the same cause of action may not normally be tried again

Res mancipi
Roman civil law. Those things which might be sold and alienated, or the property of them transferred from one person to another. The division of things in to res mancipi and res nec mancipi, was one of ancient origin, and it continued to a late period in the empire.

Res nova
Something new; something not before decided.

Res nulis
(United Kingdom) Nobody’s property.

Res nullius
A thing which has no owner. A thing which has been abandoned by its owner is as much res nullius as if it had never belonged to any one.

Res perit domino

Res tudic ata
Practice. The decision of a legal or equitable issue, by a court of competent jurisdiction.

Res universatis
Those things which belong to cities or municipal corporations are so called; they belong so far to the public that they cannot be appropriated to private use; such as public squares, market houses, streets, and the like.

Resale
A second sale made of an article; as, for example, if A sell a horse to B, and the latter not having paid, for him, refuse to take him away, when by his contract he was bound to do so, and then A sells the horse to C.

Resceit
1) The act of receiving or admitting a third person to plead his right in a cause commenced by two; as when an action is brought against a tenant for life or term of years, the reversioner is allowed to defend. 2) Resceit or receit. The admission or receiving of a third person to plead his right in a cause formerly commenced between two other persons; as, when an action is brought against a tenant for life or years, or any other particular tenant, and he makes default, in such case the reversioner may move that he may be received to defend his right, and to plead with the demandant.

Rescind
To abrogate or cancel a contract putting the parties in the same position they would have been in had there been no contract. Rescission can occur in one of two ways: either a contract can be set aside (rescinded) because of some defect in its formation (such as misrepresentation, duress or undue influence) or it can be set aside by agreement by the parties, for example if they reach a new agreement.

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This dictionary contains 8526 terms.







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