constructive eviction 推定收回租地或房屋；推定被剥夺所租土地或房屋的占有权 指出租人并不实际剥夺承租人对租赁物的占有权，但通过自己的一定行为使租赁物不适于租用，使承租人无法实现租赁的目的，如果承租人选择放弃占有权，则构成推定的收回租地或房屋，或推定的剥夺承租人的占有权，例如承租人因为缺水、缺供暖而搬离租赁房屋时，即是推定被收回了承租的房屋。这种行为通常违反了所有权担保〔covenant of warranty〕和平静享用权〔quiet enjoyment〕。
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waiting period. A period that must expire before some legal right or remedy can be enjoyed or enforced. • For example, many states have waiting periods for the issuance of marriage licenses or the purchase of handguns.
zygnomic (zig-noh-mik), adj. Of, relating to, or involving an act whose evolution directly abridges the freedom of a person who bears a duty in the enjoyment of a legal advantage. • This rather abstract term was coined by the philosopher Albert Kocourek in his book Jural Relations (1927). Cf. MESONOMIC.
exclusive economic zone. Int’l law. An area just beyond the territorial sea, extending up to 200 nautical miles from the baseline of the territorial sea, in which the coastal country enjoys special authority for economic purposes. — Abbr. EEZ.
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eviction. The act or process of legally dispossessing a person of land or rental property. See FORCIBLE ENTRY AND DETAINER. Cf. EJECTMENT. [Cases: Forcible Entry and Detainer 6; Landlord and Tenant 287.] actual eviction. A physical expulsion of a person from land or rental property. [Cases: Landlord and Tenant 171(1). C.J.S. Landlord and Tenant §
acceleration, n. 1. The advancing of a loan agreement’s maturity date so that payment of the entire debt is due immediately. [Cases: Bills and Notes 129(2). C.J.S. Bills and Notes; Letters of Credit §§ 76, 92–100.] 2. The shortening of the time for vesting in possession of an expectant interest. — Also termed acceleration of
A grant for which the grantor has done everything required to pass a complete title, and the grantee has done everything required to receive and enjoy the property in fee. Cf. imperfect grant (1).
jus accrescendi (j[schwa]s ak-r[schwa]-sen-dI), n. [Latin “right of accretion”] A right of accrual; esp., the right of survivorship that a joint tenant enjoys. See RIGHT OF SURVIVORSHIP. Cf. JUS NON DECRESCENDI. [Cases: Joint Tenancy 6. C.J.S. Joint Tenancy §§ 3, 5, 7, 10–15, 19–20, 38–40.]
An easement whose enjoyment is restricted to one specific person or a few specific people. [Cases: Easements 52. C.J.S. Easements §§ 164–167.]
Representation by a lawyer, esp. in a criminal case. • The phrase in its modern uses derives from the Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right… to have the assis-tance of counsel for his defense.” U.S. Const. amend. VI. See RIGHT TO COUNSEL. [Cases: Criminal Law 641.13. C.J.S. Criminal Law
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