Search Results for: CORPOREAL

in jure cessio

in jure cessio (in joor-ee sesh-ee-oh). [Latin “a surrender in law”] Roman law. A fictitious trial held to transfer ownership of property; a collusive claim to formally convey property, esp. incorporeal property, by a court’s assignment of ownership. • At trial, the transferee appeared before a praetor and asserted ownership of the property. The actual

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fair

fair, adj. 1. Impartial; just; equitable; disinterested (everyone thought that Judge Jones was fair). 2. Free of bias or prejudice (in jury selection, the lawyers tried to select a fair and impartial jury). fair, n. Hist. A privileged market for the buying and selling of goods. • A fair was an incorporeal hereditament granted to

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hereditament

hereditament n. 可继承财产 指任何可被继承的物,包括有体的、无体的、动产、不动产或混合物。既包括可以直接继承的财产,也包括须经由死者遗产代理人〔personal representative〕才能继承的财产。在普通法上主要分成两类:1有体的可继承财产〔corporeal hereditaments〕,指物理上的实体物,例如「土地」;2无体的可继承财产〔incorporeal hereditaments〕,指并非实体物的本身,而是根据法律的规定从有体物中产生的或与之相关的权利。

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fishery

fishery. 1. A right or liberty of taking fish. • Fishery was an incorporeal hereditament under old English law. — Also termed piscary. [Cases: Fish 3.] free fishery. An exclusive right of fishery, existing by grant or prescription from the monarch, to take fish in public water such as a river or an arm of

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natural possession

natural possession (罗马法)自然占有 指不受市民法保护的事实占有,即对某物实施物理上的控制或支配,如以进住房屋或耕种农田的方式进行占有。自然占有可以是无权占有,可以产生非法占有的请求权,也可以因取得时效〔acquisitive prescription〕而产生所有权请求权。类似于后来的实际占有〔corporeal possession〕,与民法占有〔possessio civilis〕相对。 (=possessio naturalis)

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demesne

demesne (di-maynor di-meen), n. [French] 1. At common law, land held in one’s own right, and not through a superior; esp., land attached to a manor and reserved for the court’s own use. 2. Domain; realm. — Also spelled demain. ancient demesne. Hist. A manor that was held by the Crown at the time of

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authentication

authentication, n. 1. Broadly, the act of proving that something (as a document) is true or genuine, esp. so that it may be admitted as evidence; the condition of being so proved (authentication of the handwriting). [Cases: Criminal Law 444; Evidence 366–381.] 2. Specif., the assent to or adoption of a writing as one’s own.

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