Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Substitution

1 A designation of a person or thing to take the place of another person or thing. 2. The process by which one person or thing takes the place of another person or thing. 3. Roman law. The nomination of a person to take the place of a previously named heir who has refused or failed to accept an inheritance. - Also termed common substitution; vulgar substitution. 4. Roman law. The nomination of a person to take as heir in place of, or to succeed, a descendant who is under the age of puberty and in the potestas of the testator, if the descendant has failed to take the inheritance or has died before reaching puberty. ( This type of substitution was also known as a pupillary substitution. If a descendant of any age failed to take by reason of lunacy, the substitution was known as an exemplary substitution or quasi pupillary substitution. 5. Roman law. A testator's designation of a person to whom the property was to be given by the person named as heir, or by the heir of that person. - Also termed fideicommissary substitution. See FIDEICOMMISSUM. 6. Civil law. The designation of a person to succeed another as beneficiary of an estate, usu. involving a fideicommissum. - Also termed fideicommissary substitution.

Substitutionary

See SUBSTITUTIONAL.

common substitution.

See substitution

exemplary substitution

See SUBSTITUTION (4).

fideicommissary substitution

1. SUBSTITU TION (5). 2. SUBSTITUTION (6).

pupillary substitution

See SUBSTITUTION (4).

quasi-pupillary substitution

See SUBSTITU. TION (4).

substitution-of-judgment doctrine

Administrative law. The standard for reviewing an agency's decision, by which a court uses its own independent judgment in interpreting laws and administrative regulations - rather than deferring to the agency - when the agency's interpretation is not instructive or the regulations do not involve matters requiring the agency's expertise.

substitutional gift

See substitute gift under GIFT.

substitutional legacy

A legacy that replaces a different legacy already given to a legatee.

substitutional remedy

A remedy for breach of contract intended to give the promisee something as a replacement for the promised performance, as when the court orders a defaulting seller of goods to pay the buyer damages (as opposed to delivering the goods).

substitutional, adj

Capable of taking or supplying the position of another < substitutional executor> <substitutional issue>. - Also termed substitutionary.

substitutionary evidence

See secondary evidence.

vulgar substitution

See SUBSTITUTION (;