Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Conventional
adj. 1. Customary; orthodox; traditional <conventional motion practice>. 2. Depending on, or arising from, the agreement of the parties, as distinguished from something arising by law <conventional subrogation>. 3.Arising by treaty or conrontt:m c(a:•:<!itl .•mi international law =,
Conventionalism makes two postinterpretiN, claims.
The first is positive: that judges must respect t' e established legal conventions of their community excel in rare circumstances. It insists, in other words, tlw they must treat as law what convention stipulates c law. Since convention in Britain establishes that acts Parliament are law, a British judge must enforce eve: acts of Parliament he considers unfair or unwise. The positive part of conventionalism most plainly corn sponds to the popular slogan that judges should follo, the law and not make new law in its place. The secon, claim, which is at least equally important, is negative. declares that there is no law - no right flowing frou, past political decisions - apart from the law drawn fro those decisions by techniques that are the
Nemo sine actione experitur, et hoc non sine breve sive libello conventionali
No one goes to trial without an action, and no one can bring an action without a writ or bill.
conventional custom
A custom that operates only indirectly through the medium of agreements, so that it is accepted and adopted in individual instances as conventional law between the parties to those agreements. - Also termed usage. See USAGE.
conventional interest
See INTEREST (3)
conventional law
See CONVENTIONAL LAW.
conventional lien
A lien that is created by the express agreement of the parties, in circumstances in which the law would not create a lien.
conventional loan
See conventional mortgage under mortgage.
conventional mortgage
A mortgage, not backed by government insurance, by which the borrower transfers a lien or title to the lending bank or other financial institution. ( These mortgages, which feature a fixed periodic payment of principal and interest throughout the mortgage term; are typically used for home financing. - Also termed conventional loan.
conventional obligation
. An obligation that results from actual agreement of the parties; a contractual obligation. Cf. obediential obligation.
conventional remission
See REMISSION.
conventional remission. Civil law
A remission expressly granted to a debtor by a creditor having capacity to alienate.
conventional sequestration
The parties' voluntary deposit of the property at issue in a lawsuit.
conventional subrogation
Subrogation that arises by contract or by an express act of the parties.
conventionalism
A jurisprudential conception of legal practice and tradition holding that law is a matter of respecting and enforcing legal and social rules.
heir conventional
See HEIR.
reconventional demand.
See DEMAND (1).