автор юридических трудов; юрист ; адвокат ; знаток законов; студент юридического факультета
- In other words the jurist is being asked to treat the words addressed to one daughter as indirectly establishing a trust in favour of the other.
- It is notable too that this liberal interpretation is proposed by the jurist, and merely adopted from him by the emperor.
- It is interesting that the jurist's first reaction is to appeal to analogies elsewhere in the law.
- The oddity is that the jurist seems to deal only with the second question, which is of much less complexity than the first.
- It is interpretation carried out within an existing legal framework: where a trust has actually been set up by a settlor, and it is a matter for the jurist to interpret or elucidate details.
- In each of these cases there is a disposition whose content is not made clear by the words in the will, and the question for the jurist is whether that means the disposition is void or that it ought somehow to be supplemented.
- The jurist could consider holding a trust to be valid where the beneficiary was the same, although the trustee liable had in fact changed.
- Contrast the following case, in which it is Mela, an Augustan jurist of uncertain leanings, who is opposed to the validity of the disposition, arguing that if the amount is unstated then the amount is zero, while Nerva, a first-century Proculian, is in favour of it; Ulpian follows him in suggesting that the amount the testator usually gave is payable, failing which it can be determined according to status.
- But the jurist allows it to be treated as inhering in the legacy, charged on the sum of money which has now come to Maevius.
- Nor, as we have seen, is there a broader topos which need incline the jurist to this interpretation.
- Since there is no plain disposition in favour of Seia in addition to the share to which she is instituted, it is to this clause that the jurist resorts in his interpretation.
- Since the uncle is the boy's heir, this shows that the jurist must regard a transmissible interest in the estate as having vested in the boy before his death; which means that he is taking dies cedens to have passed, although the boy has not lived until age sixteen; and that in turn means that he is interpreting the trust as subject not to a condition but to a term ( dies ).
- "One's whole life is just a perpetual traffic between the grimness of reality and one's fleeting dream of happiness," Tchaikovsky had said, who had perished by being shopped by a forgotten grey jurist, who considered him a disgrace to the Legal Profession (because he was gay), Tchaikovsky having made a false start in law.
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