Civil Law Dictionary

 

E Civil Law

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Emphyteusis - The contract of rent of lands, or emphyteusis, is a contract by which one of the parties conveys to the other a tract of land, or any other IMMOVABLE property, and stipulates that the latter shall hold it as owner, but reserving to the former an annual rent of a certain sum of money, or of a certain quantity of FRUITS, which the other party (the emphyteuta) binds himself to pay him.

 
Executory process, Executory proceeding - A proceeding used to effect the seizure and sale of property, without previous citation and judgment against the debtor, to enforce a mortgage or other PRIVILEGE.  When enforcing a mortgage by ordinary proceedings, the creditor must first obtain a judgment against the mortgagor and then execute the judgment.Thus, executory proceedings are the most expeditions means of enforcing a mortgage.
 
Exposé des Motifs - A report or explanation of the motives or reasons for passing a given statute.

 

 

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