Legal Dictionary of Pakistan

Acta in uno judicio non probant in alio nisi inter easdem personas

Things done in one action cannot be taken as evidence in another, unless it is between the same parties.

Actio personalis moritur cum persona

A personal action dies with the person.

Actus inceptus cujus perfectio pendet ex voluntate partium revocari potest; si autem pendet ex voluntate tertiae personae, velex contingenti, revocari non potest

An act already begun whose completion depends upon the will of the parties may be recalled; but if it depends on consent of a third person or on a contingency, it cannot be recalled.

Aequitas agit in personam

Equity acts upon the person.

Artificial person

see person.

Assignable, adj. That can be assigned; transferable from one person to another, so that the transferee has the same rights as the transferor had <assignable right>. Cf. Negotiable. Assignable lease

see lease.

Associated person.

1. A partner, officer, director, branch manager of a broker or dealer, or any person performing similar functions or occupying a similar status, any person directly or indirectly controlling, controlled by, or under common control with the broker or dealer, or any employee of the broker or dealer - with two exceptions: (1) those whose functions are solely clerical or ministerial, and (2) those required to register under state law as a broker or dealer solely because they are issuers of securities or associated with an issuer of securities. 2. A natural person who is a partner, officer, director, or employee of: (1) the issuer; (2) a general partner of a limited partnership issuer; (3) a company or partnership that controls, is controlled by, or is under common control with the issuer; or (4) a registered investment adviser to a registered investment company issuer.

Attachment. 1. The seizing of a person's property to secure a judgment or to be sold in satisfaction of a judgment. - also termed (in civil law) provisional seizure. Cf. Garnishment; sequestration (1)

Cohaeredes una persona censentur, propter unitatem juris quod habent

Coheirs are deemed as one person, on account of the unity of right that they possess.

Crimen trahit personam

The crime brings with it the person. ( That is, the commission of a crime gives the courts of the place where it is committed jurisdiction over the person of the offender.

Cum duo jura concurrunt in una persona, aequum est ac si essent in duobus

When two rights meet in one person, it is the same as if they were in two persons.

Dead person,s statute

.see dead mans statute.

Debita sequuntur personam debitoris

Debts follow the person of the debtor. 0 That is, debts belong to no locality and may be collected wherever the debtor can be found.

Decimae de jure divino et canonica institutione pertinent ad personam.

Tithes belong to the parson by divine right and canonical institution.

Dispersonare

ub. [Latin] Hist. To scandalize, disparage, or slander.

Ecclesiae magis favendum est quam personae

The church is to be more favored than the parson (or an individual).

Falsa demonstratio non nocet, cum de corpore (persona) constat

False description does not injure or vitiate, provided the thing or person intended has once been sufficiently described. ( Mere false description does not make an instrument inoperative.

Fama, quae suspicionem inducit, oriri debet apud bonos et graves, non quidem malevolos et maledicos, sed providas et fide dignas personas, non semel sed saepius, quia clamor minuit et defamatio manife

Report, which induces suspicion, ought to arise from good and grave men; not, indeed, from malevolent and malicious men, but from cautious and credible persons; not only once, but frequently, for clamor diminishes, and defamation manifests.

Haeres est eadem persona cum antecessore

The heir is the same person as the ancestor.

Homo vocabulum est naturae; persona juris civilis

"Man" (homo) is a term of nature; "person" (persona), a term of civil law.

Impersonal

See IN REM.

Impersonalitas non concludit nee ligat.

Im. personality neither concludes nor binds.

Impersonation

The act of impersonating someone. - Also termed personation.

In omni actione ubi duae concurrunt districtiones, videlicet in rem et in personam, illa districtio tenenda est quae magis timetur et magis ligat

In every action where two distresses (or forms of distraint) concur, that is in rem and in personam, the distraint is to be chosen that is more dreaded and that binds more firmly. Bracton 372.

Jura personarum

See JURA.

Layperson

1 See LAYMAN. 2. Xist. See JUROR.

Litis nomen omnem actionem signifzcat, sive in rem, sive in personam sit

The word "lis" (a lawsuit) signifies every action, whether it is in rem or in personam.

Mobilia personam sequuntur, immobilia situm

Movable things follow the person; immovable ones, their locality.

Mobilia sequuntur personam

Movables follow the person.

Natura fide jussionis sit strictissimi juris et non durat vel extendatur de re ad rem, de persona ad personam, de tempore ad tempus

The nature of the contract of suretyship is strictissimi juris, and does not endure or should not be extended from thing to thing, from person to person, or from time to time.

Nil facit error nominis cum de corpore vel persona constat

An error in the name is immaterial when the body or person is certain.

Omnis persona est homo, sed non vicissim

Every person is a human being, but not every human being a person.

Person

1 A human being. 2. An entity (such as a corporation) that is recognized by law as having the rights and duties of a human being. 3. The living body of a human being < contraband found on the smuggler's person>. "So far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons possess juridical significance, and this is the exclusive point of view from which personality receives legal recognition." John Salmond, Jurisprudence 318 (Glanville L. Williams ed., 10th ed. 1947).

Persona

n. [Latin] Roman law. A person; an individual human being.

Persona conjuncta aequiparatur interesse proprio

A personal connection is equivalent to one's own interest.

Persona est homo cum statu quodam consideratus

A person is a human being considered with reference to a certain status.

Persona ficta

[Latin "false mask"] Hist. A fictional person, such as a corporation. "But units other than individual men can be thought of as capable of acts, or of rights and liabilities: such are Corporations and even Hereditates lacentes. Accordingly the way is clear to apply the name of person to these also. The mediaeval lawyers did so, but as they regarded Corporations as endowed with personality by a sort of creative act of the State, and received from the Roman lawyers the conception of the hereditas iacens as representing the persona of the deceased rather than as itself being a person, they called these things Personae Fictae, an expression not used by the Romans." W.W. Buckland, Elementary Principles of the Roman Private Law 16 (1912).

Personable

adj. Having the status of a legal person (and thus the right to plead in court, enter into contracts, etc.) <a personable entity.

Personae vice fungitur municipium et decuria

Towns and boroughs act in the role of persons.

Personal

adj. 1. Of or affecting a person <personal injury>. 2. Of or constituting personal property <personal belongings>. See IN PERSONAM.

Personal asset

an asset in the form of' money or chattels.

Personalia personam sequuntur

Personal things follow the person.

Personaliter

adu. [Latin] Personally; in person.

Personality

The legal status of one regarded by the law as a person; the legal conception by which the law regards a human being or an artificial entity as a person. - Also termed legal personality. "Legal personality refers to the particular device by which the law creates or recognizes units to which it ascribes certain powers and capacities." George Whitecross Paton, A Textbook of Jurisprudence 393 (G.W. Paton & David P. Derham eds., 4th ed. 1972).

Personalty

Personal property as distinguished from real property. See personal property (1) under PROPERTY. quasi personalty. Things that are considered movable by the law, though fixed to real property either actually (as with a fixture) or fictitiously (as with a lease for years).

Personam

See IN PERSONAM.

Personation

See IMPERSONATION,

Privilegium est beneficium personale et extinguitur cum persona

A privilege is a benefit belonging to a person, and it dies with the person.

Quae cohaerent personae a persona separari nequeunt

Things that belong to the person cannot be separated from the person.

Quando duo jura concurrunt in una persona, aequum est ac si essent in diversis

When two rights run together in one person, it is the same as if they were in separate persons.