Survival Action - Law Dictionary Search Results
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name … subsequently known, and under which they became famous. To judge from the fragments of these laws which have survived, they were very epigrammatic and positive in their nature; they formed the catechism of education for the roman
Remainder
particular tenant of one part may die before the contingency, and the particular tenant of another part may survive it. Posthumous children are capable of taking in remainder in the same manner as if they had been … and restored the rules relating to contingent remainders to their pristine vigour although the Act had abolished real actions on which they were largely based. This Act, however, provided that the accidental determination by forfeiture, surrender or
heir
instituted legatee irregular heir in the civil law of Louisiana : an heir who inherits a right of action to the estate as distinguished from seisin NOTE: This class of heirs was eliminated as of January 1, … an inheritance cannot be voided or undone except by exclusion under a valid will if he or she survives the ancestor called also apparent heir compare heir presumptive in this entry heir at law : heir heir
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Permission
Mys 25. The word 'permission' means allow. In case where permission is required unless permission is granted, no action can be taken, Durgapur Projects Ltd. v. Graphite India Ltd., AIR 1998 Cal 319. … Permission, 'permission' is a word of wide import and may even survive the death of the person who permits. Manohar Nathusao Samarth v Marotrao AIR 1979 SC 1084 (1088): (1979)
Husband and wife
was converted to joint tenancies upon trust for sale, and by s. 184, ibid., in cases where the survival of either husband or wife after the death of the other is uncertain, the younger shall be deemed … wife's torts and ante-nuptial contracts, debts and obligations. Previously to this enactment, by the Common Law, in an action in respect of a tort committed by a wife the husband had to be joined as a party,
Joint-tenancy
Before 1925, by a partition of sale under the Partition Acts, now repealed. See PARTITION. (6) Limitation of action under 3 & 4 Wm. 4, c. 27, s. 12, a joint-tenant in possession to the exclusion of … from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases. Anciently, joint-tenancy was favoured because
defeat
past participle of defaire to undo, defeat, from Old French deffaire desfaire, from de-, prefix marking reversal of action + faire to do] 1 a : to render null [third parties will an attached but “unperfected” security … a : to prevail over b : to thwart the claim of [ creditors] [an intent to the surviving spouse of his…elective share "Tennessee Code Annotated"] defeat n
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