शुक्रवार, 13 अक्तूबर 2017

legal maxims for student

                SOME LEGAL MAXIMS FOR LAW STUDENT-


1. Audi Alteram partem:- Hear the other side



"It is a Latin Phrase Meaning Listen to other side" or "let the other side be heard as well" it is the principle that no person should be judge without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
   
                              Audi Alteram Partem is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or his lawyers to confront the witnesses against him, to have a fair against his opportunity to challenge the evidence presented by the other party, to summons one's own witnesses.


2. Delegatus Non-Potest Delegare:-
 " A delegated power cannot be further deligated"


Delegeta Potestas non potest delegari is a principle in constitutional and administrative law that means is latin that no delegated powers can be further deligated. Alternating it can be started non potest delegare come to whom power is delegated cannot himself further delegated the power.
    
      legal rule that an agent to to whom an authority or decision making power has been delegated by a principle or higher authority may not deligate it to a sub agent unless the original delegator  expressly authorizes it, or there is an implied authority to do so, its is a fundamental principle  of  administrative law.


3. JUS AD REM:- "a right without possession, incomplete right to a thing."



jus ad rem is a Latin term of the civil law, meaning "a right to a thing." It is a personal right to possession of property that usually arises from a contractual obligation (as a lease). Jus ad rem is a mere imperfect or inchoate right.

It is a right exercisable by one person over a particular article of property in virtue of a contract or obligation incurred by another person in respect to it and which is enforceable only against or through such other person. The right a man has in relation to a thing; it is not the right in the thing itself, but only against the person who has contracted to deliver it. Jus ad rem is descriptive of a right without possession. On the other hand jus in re is descriptive of a right accompanied by possession. It is thus distinguished from jus in re which is a complete and absolute dominion over a thing available against all persons.

4. Res-nullius:- "a thing which has no owner".

Rus-nullius literally means nobody's property or athing which has no owner, if the owner of a property abundance his/her property is called res-nullius 
                 the person who takes first possession if the res-nullius  is the owner of the property, res-nullius includes wild animals and abandoned  property.


5. Nudum Pactum - 

is a Latin word which means “bare agreement.” It is an agreement that is unenforceable as a contract because it is not “clothed” with consideration required by law. This is also referred to as naked contract or nude contract or nude pact 

In Roman law, it refers to an informal agreement that is not legally enforceable, because it does not fall within the specific classes of agreements that can support a legal action. However a pactum could create an exception to or modification of an existing obligation. 







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