slovo | definícia |
Casus omissus (gcide) | Casus \Ca"sus\, n. [L.]
An event; an occurrence; an occasion; a combination of
circumstances; a case; an act of God. See the Note under
Accident.
[1913 Webster]
Casus belli, an event or combination of events which is a
cause war, or may be alleged as a justification of war.
Casus fortuitus, an accident against which due prudence
could not have provided. See Act of God, under Act.
Casus omissus, a case not provided for by the statute.
[1913 Webster] |
CASUS OMISSUS (bouvier) | CASUS OMISSUS. An omitted case.
2. When a statute or an instrument of writing undertakes to foresee and
to provide for certain contingencies, and through mistake, or some other
cause, a case remains to be provided for, it is said to be a casus
omissus.For example, when a statute provides for the descent of intestates
estates, and omits a case, the estate descends as it did before the statute,
whenever that, case occurs, although it appear to be within the general
scope and intent of the statute. 2 Binn. R. 279.
3. When there has been a casus omissus in a statute, the subject is
ruled by the common law: casus omissuset oblivioni datus dispositioni juris
communis relinquitur. 5 Co. 38. Vide Dig. 38, 1, 44 and 55 Id. 38, 2, 10;
Code, 6, 52, 21 and 30.
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| podobné slovo | definícia |
Casus omissus (gcide) | Casus \Ca"sus\, n. [L.]
An event; an occurrence; an occasion; a combination of
circumstances; a case; an act of God. See the Note under
Accident.
[1913 Webster]
Casus belli, an event or combination of events which is a
cause war, or may be alleged as a justification of war.
Casus fortuitus, an accident against which due prudence
could not have provided. See Act of God, under Act.
Casus omissus, a case not provided for by the statute.
[1913 Webster] |
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