Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Abbreviationum ille numerus et sensus accipiendus est ut concessio non sit inanis
Such number and sense is to be given to abbreviations that the grant may not be void.
Accession
The act of acceding or agreeing <the family's accession to the kidnapper's demands>. 2. A coming into possession of a right or office <as promised, the state's budget was balanced within two years after the governor's accession>. 3. Int'l law. The process by which a nation becomes a party to a treaty that has already been agreed on by other nations < Italy became a party to the nuclear-arms treaty by accession>. - Also termed adherence; adhesion. 4. The acquisition of title to personal property by bestowing labor on a raw material to convert it to another thing <the owner's accession to the lumber produced from his land>. - Also termed (in Roman law) accessio. See ADJUNCTION (2). "Accessio is the combination of two chattels belonging to different persons into a single article: as when A's cloth is used to patch B's coat, or a vehicle let on hirepurchase has new accessories fitted to it." R.F.V. Heuston, Salmond on the Law of Torts 113 (17th ed. 1977) 5. A property owner's right to all that is added to the land, naturally or by labor, including land left by floods and improvements made by others <the newly poured concrete driveway became the homeowner's property by accession. Cf. ANNEXATION. 6. An improvement to existing personal property, such as new shafts on golf clubs. "The problem of accessions arises infrequently, judging from reported cases, but an obvious instance of the difficulty arises where a motor vehicle is being financed by a secured party and the debtor in possession of necessity acquires a new engine or new tires for the vehicle .... If the seller of the engine or tires reserved a security interest at the time the goods were installed, the seller should prevail over the vehicle's secured party, with a right to remove the accessions. Conversely, if the sale were on open credit with no security interest reserved, or if the seller acquired a security interest after installation of the goods, then the financer of the vehicle should prevail." Ray D. Henson, Handbook on Secured Transactions Under the Uniform Commercial Code § 4-22, at 93 (2d ad. 1979).ACCESSORYSHIP.
Artificial succession
see succession (4).
Benigne faciendae sunt interpretations chartarum, ut res magis valeat quam pereat; et quaelibet concessio fortissime contra donatorem interpretanda est
Deeds should be subject to liberal interpretation, so that the matter may take effect rather than fail; and every grant is to be taken most strongly against the grantor.
Cessionary bankrupt
archaic. A person who forfeits all property so that it may be divided among creditors.( for the modern near-equivalent, see chapter 7.
Concessio per regem ieri debet de certitudine
A grant by the king ought to be made of a certainty. ( Coke explains, "If the king grants to me that I shall not be sheriff, without showing of what county, it is void for uncertainty." 9 Coke 46b.
Concessio versus concedentem latam interpretationem habere debet
A grant ought to have a liberal interpretation against the grantor.
Concession
n. 1. A government grant for specific privileges. 2. The voluntary yielding to a demand for the sake of a settlement. 3. A rebate or abatement. 4. Int'Z law. A contract in which a country transfers some rights to a foreign enterprise which then engages in an activity (such as mining) contingent on state approval and subject to the terms of the contract. - concede, vb. - concessive, adj.
Falsa grammatica non vitiat concessionem.
False or bad grammar does not vitiate a grant. Neither false Latin nor false English will make a deed void when the intent of the,parties plainly appears.
Falsa orthographia sive falsa grammatica non vitiat concessionem
Error in spelling or grammar does not vitiate a grant.
Haereditas est successio in universum jus quod defunctus habuerat
Inheritance is the succession to every right possessed by the late possessor.
Haereditas nihil aliud est quam successio in universum jus, quod defunctus habuerat.
The right of inheritance is nothing other than the faculty of succeeding to all the rights of the deceased.
Libertates regales ad coronam spectantes ex concessione regum a corona exierunt
Royal franchises relating to the Crown have emanated from the Crown by grant of kings.
Processioning
The survey and inspection of land boundaries, performed esp. in the former English colonies along the southeastern seaboard, and analogous to the English perambulation.
Quaelibet concessio fortissime contra donatorem interpretanda est
Every grant is to be construed most strongly against the grantor.
Qui concedit aliquid, concedere videtur et id sine quo res ipsa esse non potuit (sine quo concessio est irrita)
A person who grants anything is considered as granting that without which the thing itself could not be (without which the grant is invalid).( More precisely, Cuicunque aliquis quid concedit (q.v.). 11 Coke 52.
Recession
A period characterized by a sharp slowdown in economic activity, declining employment, and a decrease in investment and consumer spending. Cf. DEPRESSION.
Secession
The process or act of withdrawing, esp. from a religious or political association <the secession from the established church> <the secession of 11 states at the time of the Civil War>.
Successio
n. [Latin] Roman law. A succession to something, as to an estate by will or by the laws of intestacy.
Succession
n 1 The act or right of legally or officially taking over a predecessor's office, rank, or duties. 2. The acquisition of rights or property by inheritance under the laws of descent and distribution; DESCENT (1). - succeed, vb.
Successional
adj. Of or relating to acquiring rights or property by inheritance under the laws of descent and distribution.
benefit of cession.
Civil law. A debtor's immunity from imprisonment for debt. 0 The immunity arises when the debtor's property is assigned to the debtor's creditors.
cessio
[Latin "cession' A relinquishment or assignment; CESSION.
cessio actionum
[Latin] Roman law. The assignment of an obligation by allowing a third party to (1) sue on the obligation in the name of the party entitled to it, and (2) retain the proceeds.
cessio bonorum
[Latin "cession of goods"] Roman law. An assignment of a debtor's property to creditors."It was the Roman equivalent of modern bankruptcy .... [O]ne who thus made cessio bonorum would not become infamis, was never liable in future beyond his means, for the old debts, and was not liable to personal seizure thereafter in respect of them." W.W.
cessio in jure
[Latin "transfer in law"] Roman law. A fictitious action brought to convey property, whereby the claimant demanded certain property, the owner did not contest the claim, and a magistrate awarded the property to the claimant. 0 Cessio in jure resembled the English common recovery. See COMMON RECOVERY.
cession
1. The act of relinquishing property rights. 2. The relinquishment or transfer of land from one state to another, esp. when a state defeated in war gives up the land as part of the price of peace. 3. The land so relinquished or transferred.
cessionary bankrupt
See BANKRUPT.
concessio
[Latin] Hist. A grant. ( A term of conveyance used to convey incorporeal property. Pl. concessiones. "Grants, concessiones; the regular method by the common law of transferring the property of incorporeal hereditaments, or, such things whereof no livery can be had. For which reason all corporeal hereditaments, as lands and houses, are said to lie in livery; and the others, as advowsons, commons, rents, reversions, etc., to lie in grant .... These therefore pass merely by the delivery of the deed." 2 William Blackstone, Commentaries on the Laws of England 317 (1766).
concession bargaining
Labor law. A type of collective bargaining in which the parties negotiate the employees' giving back previously gained improvements in wages, benefits, or working conditions in exchange for some form of job security, such as protection against layoffs. - Also termed employee givebacks; union givebacks. See COLLECTIVE BARGAINING.
domicile of succession
The domicile that determines the succession of a person's estate.
droit d'accession
n. [French "right of accession"] French law. A property right acquired by making, from existing material, something new that cannot be reduced to the original material's shape. a This is the equivalent to the Roman specificatio. See ACCESSION (4).DROIT D'ACCESSION . . . . The civil law rule is that if the thing can be reduced to the former matter it belongs to the owner of the matter, e.g. a statue made of gold; but if it cannot so be reduced it belongs to the person who made it, e.g. a statue mad
hereditary succession
Succession by the common law of descent. See DESCENT; TESTATE SUCCESSION; INTESTATE SUCCESSION.
hereditary succession.
See SUCCESSION (2).
injure cessio
[Latin "a surrender in law"] Roman law. A fictitious trial held to transfer ownership of property. ( At trial, the transferee appeared before a praetor and asserted ownership of the property. The actual owner also appeared, but did not contest the assertion, and so allowed the transfer of the property to the plaintiff. - Also spelled in iure cessio.
intestate succession
See INTESTATE SUCCESSION.
intestate succession.
The method used to distribute property owned by a person who dies without a valid will. - Also termed hereditary succession. Cf TESTATE SUCCESSION.
irregular succession
Succession by special laws favoring certain persons or the state, rather than heirs (such as testamentary heirs) under the ordinary laws of descent.
legal succession
The succession established by law, usu. in favor of the nearest relation of a deceased person.
lex Julia de cessione bonorum
n. [Latin] Roman law. A law governing bankruptcies.
natural succession
Succession between natural persons, as in descent on the death of an ancestor.
perpetual succession
The continuous succession of a corporation - despite changes in shareholders and officers - for as long as the corporation legally exists. "As a general rule, the words perpetual succession,' as used in charters, often in connection with a further provision limiting the period of corporate existence to a certain number of years, mean nothing more than that the corporation shall have continuous and uninterrupted succession so long as it shall continue to exist as a corporation, and are not intended to define its duration." 18 Am. Jur. 2d Corporations § 69, at 883 (1985).
rapport & succession
n. [French "return to succession"] Civil law. The restoration to an estate of property that an heir received in advance from the decedent, so that an even distribution may be made among all the heirs. Cf. HOTCHPOT.
retrocession.
1. The act of ceding something back (such as a territory or jurisdiction). 2. The return of a title or other interest in property back to its former or rightful owner. 3. The process of transferring all or part of a reinsured risk to another reinsurance company; reinsurance of reinsurance. ( Subsequent retrocessions are referred to as first retrocession, second retrocession, and so on. 4. The amount of risk that is so transferred.
retrocessionaire. Reinsurance
A reinsurer of a reinsurer. See RETROCESSION.
retrocessional agreement.
An agreement providing for reinsurance of reinsurance. retrospectant evidence. See EVIDENCE.
spes successionis
[Latin "hope of succession"] Hope of succeeding to a right. "A mere spes successionis must be distinguished from a contingent right. If Matilda has nursed her invalid friend for thirty years, she may have every hope of succeeding to the property, but she has no right." George Whitecross Paton, A Textbook of Jurisprudence 306 (G.W. Paton & David P. Derham eds., 4th ed. 1972).
successio in universum jus
[Latin "succession to universal right"] Roman law. The succession on death of the entirety of a deceased person's assets and liabilities. See HEREDITAS JACENS.
succession tax
See inheritance tax.
testamentary succession
see succession.