See Also: RESOLUTION, Civil law(law)
PLENA PROBATIO(law)
resolution(dictionary)
Resolution(finance)
Resolution(money)
resolution(dictionary)
RESOLUTION(law)
Resolution(medicine)
UN resolution(dictionary)
Resolution phase(health)

PLENA PROBATIO (law) and RESOLUTION, Civil law (law)


PLENA PROBATIO (law)


PLENA PROBATIO. A term used in the civil law, to signify full proof, in contradistinction to semi-plena probatio, which is only a presumption. Code, contradistinction to semi-plena probatio, which is only a presumption. Code, 4, 19, 5,

RESOLUTION, Civil law (law)


RESOLUTION, Civil law. The act by which a contract which existed and was good, is rendered null. good, is rendered null. 2. Resolution differs essentially from rescission. The former 2. Resolution differs essentially from rescission. The former presupposes the contract to have been valid, and it is owing to a cause presupposes the contract to have been valid, and it is owing to a cause posterior to the agreement that the resolution takes place; while posterior to the agreement that the resolution takes place; while rescission, on the contrary, supposes that some vice or defect annulled the rescission, on the contrary, supposes that some vice or defect annulled the contract from the beginning. Resolution may be by consent of the parties or contract from the beginning. Resolution may be by consent of the parties or by the decision of a competent tribunal; rescission must always be by the by the decision of a competent tribunal; rescission must always be by the judgment of a court. 7 Troplong, de la Vente, n. 689; 7 Toull. 551; Dall. judgment of a court. 7 Troplong, de la Vente, n. 689; 7 Toull. 551; Dall. Dict. h.t. Dict. h.t.