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Codicil (will)
A codicil is a testamentary or supplementary document similar but not necessarily identical to a will. In some jurisdictions, it may serve to amend, rather than replace, a previously executed will. In others, it may serve as an alternative to a will. In still others, there is no recognized distinction between a codicil and a will. Etymology Latin codicillus meaning a short additional text or a small writing tablet. The diminutive of codex see also code Origins The concept of a testamentary document as similar to but distinct from a will originated in Roman law. In the pre-classical period, a testator was required to nominate an heir in order for his will to be valid (''heredis institutio''). Failure to nominate an heir or failure to observe the proper formalities for nomination of an heir resulted in an estate divided pursuant to the rules of intestacy. However, a testator was also able to institute a ''fideicommissum'', a more flexible and less formal indication of the test ...
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Testamentary Disposition
A testamentary disposition is any gift of any property by a testator under the terms of a will. Types Types of testamentary dispositions include: * Gift (law), assets that have been legally transferred from one person to another * Legacy, testamentary gift of personal property, traditionally of money but may be real or personal property * Life estate, a concept used in common and statutory law to designate the ownership of land for the duration of a person's life * Demonstrative legacy, a gift of a specific sum of money with a direction that is to be paid out of a particular fund See also *Testator *Codicil (will) A codicil is a testamentary or supplementary document similar but not necessarily identical to a will. In some jurisdictions, it may serve to amend, rather than replace, a previously executed will. In others, it may serve as an alternative to a w ... References Wills and trusts {{law-term-stub ...
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Will And Testament
A will or testament is a legal document that expresses a person's ( testator) wishes as to how their property (estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of ...
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Text (literary Theory)
In literary theory, a text is any object that can be "read", whether this object is a work of literature, a street sign, an arrangement of buildings on a city block, or styles of clothing. It is a coherent set of Sign (semiotics) , signs that transmits some kind of informative message. This set of signs is considered in terms of the informative message's ''content'', rather than in terms of its physical form or the medium in which it is represented. Within the field of literary criticism, "text" also refers to the original information content of a particular piece of writing; that is, the "text" of a work is that primal symbolic arrangement of letters as originally composed, apart from later alterations, deterioration, commentary, translations, paratext, etc. Therefore, when literary criticism is concerned with the determination of a "text", it is concerned with the distinguishing of the original information content from whatever has been added to or subtracted from that cont ...
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Wax Tablet
A wax tablet is a tablet made of wood and covered with a layer of wax, often linked loosely to a cover tablet, as a "double-leaved" diptych. It was used as a reusable and portable writing surface in Antiquity and throughout the Middle Ages. Cicero's letters make passing reference to the use of ''cerae'', and some examples of wax-tablets have been preserved in waterlogged deposits in the Roman fort at Vindolanda on Hadrian's Wall. Medieval wax tablet books are on display in several European museums. Writing on the wax surface was performed with a pointed instrument, a stylus. A straight-edged spatula-like implement (often placed on the opposite end of the stylus tip) would be used as an eraser. The modern expression of ''"a clean slate"'' equates to the Latin expression ''"tabula rasa"''. Wax tablets were used for a variety of purposes, from taking down students' or secretaries' notes to recording business accounts. Early forms of shorthand were used too. Use in an ...
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Codex
The codex (plural codices ) was the historical ancestor of the modern book. Instead of being composed of sheets of paper, it used sheets of vellum, papyrus, or other materials. The term ''codex'' is often used for ancient manuscript books, with handwritten contents. A codex, much like the modern book, is bound by stacking the pages and securing one set of edges by a variety of methods over the centuries, yet in a form analogous to modern bookbinding. Modern books are divided into paperback or softback and those bound with stiff boards, called hardbacks. Elaborate historical bindings are called treasure bindings. At least in the Western world, the main alternative to the paged codex format for a long document was the continuous scroll, which was the dominant form of document in the ancient world. Some codices are continuously folded like a concertina, in particular the Maya codices and Aztec codices, which are actually long sheets of paper or animal skin folded into pages. The ...
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Code
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication channel or storage in a storage medium. An early example is an invention of language, which enabled a person, through speech, to communicate what they thought, saw, heard, or felt to others. But speech limits the range of communication to the distance a voice can carry and limits the audience to those present when the speech is uttered. The invention of writing, which converted spoken language into visual symbols, extended the range of communication across space and time. The process of encoding converts information from a source into symbols for communication or storage. Decoding is the reverse process, converting code symbols back into a form that the recipient understands, such as English or/and Spanish. One reason for coding ...
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Roman Law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for leg ...
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Fideicommissum
A ''fideicommissum'' is a type of bequest in which the beneficiary is encumbered to convey parts of the decedent's estate to someone else. For example, if a father leaves the family house to his firstborn, on condition that they will bequeath it to their first child. It was one of the most popular legal institutions in ancient Roman law for several centuries. The word is a conjunction of the Latin words ''fides'' (trust) and ''committere'' (to commit), and thus denotes that something is committed to one's trust. Text and translation Exegesis This fragment dates to the reign of Caesar Augustus, who first decreed certain requirements for the institution of the ''fideicommissum''. The institution itself was first mentioned in 200 BC by Terence in ''Andria'', 290–98: "''tuae mando fide''". It functioned thus: the testator nominated an heir to act as ''fiduciarius'', entrusted with devising the inheritance to a beneficiary denominated the "''fideicommisarius''". Purpose and ...
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Document
A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ''Documentum'', which denotes a "teaching" or "lesson": the verb ''doceō'' denotes "to teach". In the past, the word was usually used to denote written proof useful as evidence of a truth or fact. In the computer age, "document" usually denotes a primarily textual computer file, including its structure and format, e.g. fonts, colors, and images. Contemporarily, "document" is not defined by its transmission medium, e.g., paper, given the existence of electronic documents. "Documentation" is distinct because it has more denotations than "document". Documents are also distinguished from " realia", which are three-dimensional objects that would otherwise satisfy the definition of "document" because they memorialize or represent thought; documents are considered more as 2-dimensional ...
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Codex Justinianus
The Code of Justinian ( la, Codex Justinianus, or ) is one part of the ''Corpus Juris Civilis'', the codification of Roman law ordered early in the 6th century AD by Justinian I, who was Eastern Roman emperor in Constantinople. Two other units, the Digest and the Institutes, were created during his reign. The fourth part, the '' Novellae Constitutiones'' (New Constitutions, or Novels), was compiled unofficially after his death but is now also thought of as part of the ''Corpus Juris Civilis''. Creation Shortly after Justinian became emperor in 527, he decided the empire's legal system needed repair. There existed three codices of imperial laws and other individual laws, many of which conflicted or were out of date. The Codex Gregorianus and the Codex Hermogenianus were unofficial compilations. (The term "Codex" refers to the physical aspect of the works, being in book form, rather than on papyrus rolls. The transition to the codex occurred around AD 300.)Jolowicz, 1972, p. 46 ...
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Jus Commune
''Jus commune'' or ''ius commune'' is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ''ius commune'' was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. (''Ius commune'' is distinct from the term "common law" meaning the Anglo-American family of law as opposed to the civil law family.) The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements. Etymology The ', in its historical meaning, is commonly thought of as a combination of canon law and Roman law which formed the basis of a common system of legal thought in Western Europe from the rediscovery and reception of Justinian's Digest in the 12th and 13th centuries. In addition to thi ...
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