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单词 onerous title
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onerous title
2. Scots Law. Done or given for value received, being in exchange for a consideration (opposed to gratuitous); as in onerous consideration, onerous grant, onerous property, onerous title, etc.
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society > law > transfer of property > types of transfer > charter or deed conveying property > [adjective] > with or without consideration
onerous1606
gratuitous1773
c1600 in Balfour's Practicks (1754) 190 All pactiounis, contractis [etc.]..maid be ony persoun, contenand na titill, neque onerosum, neque lucrativum, is simular, feinȝeit and null in the self.]
1606 W. Birnie Blame of Kirk-buriall xix If rightly we reason the patronall right, their tittle being onerous and not lucratiue, they ought the Kirk a plane patrociny and protection of law.
1677 in W. Fraser Red Bk. Grandtully (1868) II. 232 In the surety the onerous cause is mentioned.
1722 T. Craig-Brown Hist. Selkirkshire (1886) II. 23 He created the clerk and his successors knights,..the onerous cause in the patent being for the good service done by Wm. Bryden, clerk of our burgh of Selkirk.
1754 J. Erskine Princ. Law Scotl. I. ii. iii. 129 If the grant be made for a valuable consideration, it is said to be onerous; if for love and favour, gratuitous.
1787 J. Beattie Scoticisms 63 An onerous contract, as buying and selling, barter, etc., is for the advantage of both the contracting parties.
1861 W. Bell Dict. Sc. Law 220/2 Where value in money, or goods, or services, has been given in return for the deed, the consideration is said to be onerous.
1861 W. Bell Dict. Sc. Law 221/1 A deed granted for a gratuitous consideration, where not struck at as a fraud against onerous creditors, is as effectual as a deed granted for a valuable consideration.
1883 Law Times 10 Nov. 22/2 The 23rd section..provides for disclaimer of onerous property.
1994 Sc. Law Times Rep. 1178 This principle applied both against the wrong heir and also against any bona fide onerous third parties.
extracted from onerousadj.
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更新时间:2024/12/24 6:57:02