Operative Words - Law Dictionary Search Results
Home Dictionary Name: operative wordsOperative words
Operative words. The words in the formal part of an instrument which carryout or effect the contention of the parties, e.g., 'grant' or 'bargain and sell' in a conveyance. See DEED....
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Dedi et concessi
Dedi et concessi (I have given and granted), the operative words in grants, etc. The word 'give' or the word 'grant' in a deed, executed after the 1st October, 1845, does not imply any covenant in law in respect of any tenements or hereditaments, except so far as the word 'give' or the word 'grant' may, by force of any Act of Parliament, imply a covenant, Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4, reproduced by the Law of Property Act, 1925, s. 59. Under the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), s. 132, and in conveyances to the Governors of Queen Anne's Bounty, the covenants for title are implied in the word 'grant.'...
Equitable estates and interests
Equitable estates and interests, Rights relating to property of which the legal ownership is vested in another person, or in the equitable owner himself in another capacity. The rights arise whenever a person obtains a title to have the property or an estate or interest in it vested in himself, e.g., by contract or by any conveyance or assignment which does not by law transfer or vest the legal estate or ownership in the transferee, by mortgage or charge, and whenever a trust arises, either express, constructive, implied or by operation of law. In theory the legal owner alone was entitled, both in law and equity, to the property, and he alone was responsible for the obligations and incidents attaching to the property, the beneficial owner merely having a personal right inequity to force the legal owner to carry out his obligation or trust, but the rights and obligations of beneficial ownership became recognized and affected by statute. The Statute of Uses turned the beneficial right or...
Fidei-commissum
Fidei-commissum, a testamentary disposition, by which a person who gives a thing to another imposes on him the obligation of transferring it to a third person. The obligation wass not created bywords of legal binding force (civilia verba), but by words of request (precative), such as 'fidei committo,' 'peto,' 'volo dari,' and the like, which were the operative words (verba utilia). If the object of the fidei-commissum was the h'reditas, the whole or a part, it was called fidei-commissaria h'reditas, which is equivalent to a universal fidei-commissum; if it was a single thing, or a sum of money, it was called fidei-commissum singul' rei. The obligation to transfer the former could only be imposed on the heirs; the obligation of transferring the latter might be imposed on a legatee. It appears that there were no legal means of enforcing the due discharge of the trust called fidei-commissum till the time of Augustus, who gave the consuls jurisdiction in the fidei-commissa. Fidei-commissa ...
Demise
Demise, a grant; it is applied to an estate either in fee or for term of life or years, but most commonly to the latter; it is used in writs for any estate, 2 Inst. 483.The operative word 'demise' in a lease implies a covenant on the part of the lessor for the lessee's quiet enjoyment during the term, Hart v. Windsor, (1843) 12 M&W 85; Markham v. Paget, (1908) 1 Ch 697; but an express covenant for quiet enjoyment excludes any implied one, Line v. Stephenson, (1838) 4 Bing NC 678.Of the Crown. The death of the sovereign, demissio regis vel coron', an expression which signifies merely a transfer of property; for when we say the demise of the Crown, we mean only that in consequence of the disunion of the sovereign's natural body from his body politic, the kingdom is transferred or demised to his successor, and so the royal dignity remains perpetual, Plowd. 177. See (English) Succession to the Crown Act, 1707 (6 Anne, c. 41) (c. 7 as commonly printed), s. 8, as to continuance for six month...
Lease
Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...
Extra-territorial operations
Extra-territorial operations, the words 'extra-territorial operation' are used, in two different senses as connoting firstly, laws in respect of acts or events which take place inside the State but have operation outside, and secondly, laws with reference to the nationals of a State in respect of their acts outside, that in its former sense, the laws are strictly speaking intra-territorial though loosely termed 'extra-territorial', and that under Art. 245(1) it is within the competence of the Parliament and of the State Legislatures to enact laws with extra territorial operation in the sense. The words 'laws with extra-territorial operation' in Article 245(2) must be understood in their second and strict sense as having reference to the laws of a State for their nationals in respect of acts done outside the State. Otherwise, the provision would be redundant as regards legislation by parliament and inconsistent as regards laws enacted by States, Bengal Immunity Co. Ltd. v. State of Biha...
Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
Resignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial