Passive Use - Law Dictionary Search Results
Home Dictionary Name: passive usePassive use
Passive use, a permissive use. See PASSIVE TRUST and USES....
Passive trust
Passive trust, a trust as to which the trustee has no active duty to perform. Passive uses were resorted to before the Statute of Uses, in order to escape from the trammels and hardships of the Common Law, the permanent division of property into legal and equitable interests being clearly an invention to lessen the force of some pre-existing law. For similar reasons equitable interests were after the statute revived under the form of trusts. as such, they continued to flourish, notwithstanding the singular amelioration effected at a later period in the law of tenure, because the legal ownership was attended with some peculiar inconveniences. For, in order to guard against the forfeiture of a legal estate for life passive trusts, by settlements, were resorted to, and hence, trusts to preserve contingent remainders; and passive trusts were created in order to prevent dower.Where an active trust was created, without defining the quantity of the estate to be taken by the trustee, the court...
Permissive use
Permissive use, a passive use which was resorted to before the Statute of Uses, in order to avoid a harsh law, as that of mortmain or a feudal forfeiture; it was a mere invention in order to evade the law by secrecy, as a conveyance to A to the use of B. A simply held the possession, and B. enjoyed the profits of the estate. See PASSIVE USE....
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
use
use 1 a : an arrangement in which property is granted to another with the trust and confidence that the grantor or another is entitled to the beneficial enjoyment of it see also trust Statute of Uses in the Important Laws section NOTE: Uses originated in early English law and were the origin of the modern trust. Uses became popular in medieval England, where they were often secretly employed as a method of evading laws (as those prohibiting mortmain) and penalties (as attainder) and to defeat creditors. In response, the Statute of Uses was enacted in 1535. The purpose of the Statute was to execute the use, investing the legal ownership of the property in the cestui que use, or one entitled to the beneficial enjoyment, and abolishing the ownership of the grantee. The Statute did not have blanket application, however. Certain uses, particularly those in which the grantee was not merely a passive holder of the property, were not executed under the Statute. These uses were called trust...
passive
passive : not involving, deriving from, or requiring effort or active participation [imposed a duty not to interfere] ;specif : of, relating to, or being business activity in which the investor does not have immediate control over the income-producing activity [ income] [ losses] NOTE: Any rental activity is designated a passive activity under the Internal Revenue Code. Investment income is not considered income from a passive activity. pas·sive·ly adv pas·sive·ness n ...
Passive resisters
Passive resisters, those persons who, as a protest against the expenditure of a local authority in connection with an object of which they disapprove, decline to pay that part of a rate attributable to such expenditure, and by such 'passive resistance' force the local authority to recover the sum withheld by distress and sale or other process. Passive resistance was resorted to especially in connection with the operation of the (English) Education Act, 1902. See R. v. Gillespie, 1904 KB 174....
Passive debt
Passive debt, a debt upon which, by or without agreement between the debtor and creditor, no interest is payable, as distinguished from active debt, i.e., a debt upon which interest is payable. In this sense, the term 'active' and 'passive' were long applied to certain debts due from the Spanish Government Distinguish from 'Actif' (assets) to 'Passif' (liabilities) (Fr. law.)...
passive negligence
passive negligence see negligence ...
passive trust
passive trust see trust ...
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