| slovo | definícia |
payment
(mass) | payment
- platba |
payment
(encz) | payment,platba n: joe@hw.cz |
payment
(encz) | payment,platební n: Zdeněk Brož |
payment
(encz) | payment,úplata n: Zdeněk Brož |
payment
(encz) | payment,výplata n: Zdeněk Brož |
Payment
(gcide) | Payment \Pay"ment\, n. [F. payment, paiement. See Pay to
requite.]
1. The act of paying, or giving compensation; the discharge
of a debt or an obligation.
[1913 Webster]
No man envieth the payment of a debt. --Bacon.
[1913 Webster]
2. That which is paid; the thing given in discharge of a
debt, or an obligation, or in fulfillment of a promise;
reward; recompense; requital; return. --Shak.
[1913 Webster]
3. Punishment; chastisement. [R.]
[1913 Webster] |
payment
(wn) | payment
n 1: a sum of money paid or a claim discharged [ant: default,
nonpayment, nonremittal]
2: the act of paying money [syn: payment, defrayal,
defrayment] [ant: evasion, nonpayment]
3: an act of requiting; returning in kind [syn: requital,
payment] |
PAYMENT
(bouvier) | PAYMENT, contracts. That which is given to execute what has been promised;
or it is the fulfillment of a promise. Solvere dicimus cum quis fecit, quod
facere promisit. But though this is the general acceptation of the word,
yet by payment is understood, every way by which the creditor is satisfied
or ought to be, and the debtor, liberated for example, an accord and
satisfaction will operate as a payment. If I owe you a sum of money, for the
security of which I give you a mortgage, and afterwards you consent to
receive in payment a tract of land, from the moment the sale is complete,
the first obligation, with all its accessories, is extinct, although you
should be afterwards evicted of the property sold. 7 Toull. n. 46 2 Mart.
Lo. Rep. N. S. 144; S. C. 2 Harr. Cond. Lo. R. 621, 624.
2. This subject will be considered by taking a separate view of the
person by whom the payment may be made; to whom it may be made; when and
where it ought to be made; how it ought to be made; the effect of the
payment.
3.-1. The payment may be made by the real debtor and other persons
from whom the creditor has a right to demand it; an agent may make payment
for his principal; and any mode of payment by the agent, accepted and
received as such by the creditor, as an absolete payment will have the
effect to discharge the principal, whether known or unknown, and whether it
be in the usual course of business or not. If, for example, a factor or
other agent should be employed to purchase goods for his principal, or
should be entrusted, with money to be paid for him, and, instead of
receiving the money, the creditor or seller should take the note of the
factor or agent; payable at a future day, as an absolute payment, the
principal would be discharged from the debt. 3 Chit. Com. Law, 204; 1 B. &
Ald. 14; 6 B. & C. 160; 7 B. & C. 17. When such note has been, received
conditionally and not as an absolute payment, it would not have the effect
of a payment by the principal; and whether so received or not is a fact to
be decided by the jury. 1 Cowen, R, 259, 383; 9 John. R:, 310; 6 Cowen, R.
181; 7 John. R. 311; 15 John. R. 276; 3 Wend. R. 83; 6 Wend. R. 475; 10
Wend. R. 271; 5 John., R. 68; 1 Liverm. Ag. 207.
4. Payment may also be made by a third person a stranger to the
contract.
5. In the payment of mortgages, it is a20rule, that the personal estate
shall be applied to discharge them when made by the testator or intestate
himself, to secure the payment of a debt due by him, because the personal
estate was benefited by the money borrowed; and it makes no difference
whether the mortgaged lands have been devised, or come to the heir by
descent. 2 Cruise, 1 Dig. 147. The testator may, however, exempt the
personal estate from the payment, and substitute the real in its place. But
when the mortgage was not given by the deceased, but be acquired the real
estate subject to it, it never was his debt, and therefore his personal
estate is not bound to pay the mortgage debt, but it must be paid by the
real estate. 2 Cruise, Dig. 164-8; 3 John. Chan. R. 252; 2 P. Wms. 664, n.
1; 2 Bro. C. C. 57; 2 Bro. C. C. 101, 152; 5 Ves. jr. R. 534; 14 Ves. 417.
6.-2. It must be made by the creditor himself, or his assigns, if
known, or some person authorized by him, either expressly or by implication;
as to his factor; Cowp. 251: to his broker, 1 Maul. & Selw. 576; 4 Id. 566;
4 Taunt. 242; 1 Stark. Ca. 238.
7. In the case of partners and other joint creditors, or joint
executors or administrators, payment to one is generally a valid payment.
When an infant is a creditor, payment must be made to his guardian. A
payment may be good when made to a person who had no authority to receive
it, if the creditor shall afterwards ratify it. Poth. Obl. n. 528.
8.-3. Time and place of payment: first, as to the time. When the
contract is, that payment shall be made at a future time, it is clear that
nothing can be demanded until after it has elapsed, or until any other
condition to which the payment is subject, has been fulfilled; and in a case
where the goods had been sold at six or nine months, the debtor had the
option as to those two terms. 5 Taunt, 338. When no time of payment is
mentioned in the agreement, the money is payable immediately. 1 Pet. 455; 4
Rand. 346.
9. Secondly, the payment must be made at the place agreed upon in the
contract; but in the absence of such agreement, it must be made agreeably to
the presumed intention of the parties, which, among other things, may be
ascertained by the nature of the thing to be paid or delivered, or by the
custom in such cases.
10.-4. How the payment ought to be made. To make a valid payment, so
as to compel the receiver to take it, the whole amount due must be paid;
Poth. Obl. n. 499, or n. 534, French edition; when a part is accepted, it is
a payment pro tanto. The payment must be made in the thing agreed upon; but
when it ought to be made in money, it must be made in the lawful coin of the
country, or in bank notes which are of the value they are represented to be.
A payment made in bills of an insolvent bank, though both parties may be
ignorant of its insolvency, it has been held, did not discharge the debt; 11
Vern. 676; 6 Hill, 340; but see 1 W. & S. 92; 8 Yerg. 175; and a payment in
counterfeit bank notes is a nullity. 2 Hawks, 326; 3 Hawks, 568, 6 Hill,
840. In general, the payment of a part of a debt, after it becomes due, will
not discharge the whole, although there may be an agreement by the debtor
that it should have that effect, because there is no consideration for such
agreement. But see 3 Kelly's R. 210, contra. A payment of a part, before it
is due, will discharge the whole, when so agreed.
11.-5. The payment, when properly made, discharges the debtor from his
obligation. Sometimes a payment extinguishes several obligations; this
happens when the thing given to discharge an obligation was the same which
is the object of another obligation. Poth. Obl. 552.
12. A single payment may discharge several debts; as, for example if
Peter be indebted to Paul one thousand dollars, and Paul being indebted to
James, Paul give an order to Peter to pay Tames this money; the payment made
by Peter to James discharges both the obligations due by Peter to Paul, and
by Paul to James. Poth. Ob. n. 553. This rule, that a payment made in order
to acquit or discharge an obligation, extinguishes the other obligations
which have the same object, takes place also when there are several debtors
as regards the whole of them. If, for example, Peter trust Paul on the
credit of James, a payment by Paul discharges both himself and James. Poth.
Obl. n. 554.
13. But in case money or other things have been delivered to a person
who was supposed to be entitles to them as a creditor, when he was not, this
is not a payment, and the whole, if nothing was due, or if the debt was less
than the amount paid, the surplus, may be recovered in action for money bad
and received. Vide, generally, Bouv. Inst. Index, h.t.; Com. Dig. 473; 8
Com. Dig. 607; 16 Vin 6; 1 Vern. by Raith. 3, 150 n. Yelv. 11 a; 1 Salk. 22;
15 East, 12; 8 East, R. 111; 2 Ves. jr. 11; Phil. Ev. Index, b, t,; Stark.
Ev. h.t.; Louis. Code, art. 2129; Ayl. Pand. 565; 1 Sell. Pr. 277; Dane's
Ab. Index, h.t.; Toull. lib. 3, tit. 3, c. 5; Pardes. part 2, tit. 2, c. 1
Merl. Repert. h.t.; Chit. Contr. Index, h.t.; 3 Eng. C. L. Rep. 130. As to
what transfer will amount to an assignment or a payment and extinguishment
of a claim, see 6 John. Ch. R. 395; Id. 425; 2 Ves. jr. 261 18 Ves. jr. 384;
1 N. H. Rep. 167; 1 N. H. Rep. 252; 2 N. H. Rep. 300; 3 John. Ch. R. 53.
|
PAYMENT
(bouvier) | PAYMENT, pleadings. The name of a plea by which the defendant alleges that
he has paid the debt claimed in the declaration; this plea must conclude to
the country. 4 Call, 371; Minor, 137. Vide Solvit ad them; Solvit post diem.
|
| | podobné slovo | definícia |
advance payment
(mass) | advance payment
- preddavok, záloha |
prepayment
(mass) | prepayment
- predplatné, platba vopred, zálohová platba |
repayment
(mass) | repayment
- splátka |
to clear the payment
(mass) | to clear the payment
- previesť |
advance payment
(encz) | advance payment,akontace n: Zdeněk Brož |
advance payments for intangible fixed assets
(encz) | advance payments for intangible fixed assets,poskytnuté zálohy na
dlouhodobý nehmotný majetek [ekon.] rozvaha/balance sheet Ivan Masár |
advance payments for inventory
(encz) | advance payments for inventory,poskytnuté zálohy na
zásoby [ekon.] rozvaha/balance sheet Ivan Masár |
advance payments for long-term financial assets
(encz) | advance payments for long-term financial assets,poskytnuté zálohy na
dlouhodobý finanční majetek [ekon.] rozvaha/balance sheet Ivan Masár |
advance payments for tangible fixed assets
(encz) | advance payments for tangible fixed assets,poskytnuté zálohy na
dlouhodobý hmotný majetek [ekon.] rozvaha/balance sheet Ivan Masár |
against payment
(encz) | against payment,po zaplacení [eko.] RNDr. Pavel Piskač |
back payment
(encz) | back payment,kompenzační příplatek n: k výplatě Pino |
balance of payments
(encz) | balance of payments,platební bilance Zdeněk Brož |
benefit payment
(encz) | benefit payment,podpora n: výplata samotná Pino |
cash payment
(encz) | cash payment,hotovostní platba Zdeněk Brožcash payment,placení n: Zdeněk Brožcash payment,platba v hotovosti Zdeněk Brož |
copayment
(encz) | copayment,spoluúčast n: Ivan Masár |
country with payment arrears
(encz) | country with payment arrears, |
default on payment
(encz) | default on payment, |
deferred payment
(encz) | deferred payment, n: |
deficiency payment
(encz) | deficiency payment,deficitní platba [eko.] RNDr. Pavel Piskač |
direct debit fund payments
(encz) | direct debit fund payments,přímé platby na vrub fondů [ekon.] přehled o
peněžních tocích/cash flow statement Ivan Masár |
disability payment
(encz) | disability payment, n: |
down payment
(encz) | down payment,platba v hotovosti n: Pavel Cvrček |
expenditure and lending minus repayments by economic type
(encz) | expenditure and lending minus repayments by economic type, |
factor payments
(encz) | factor payments, |
final payment
(encz) | final payment, n: |
global balance of payments
(encz) | global balance of payments, |
government transfer payments
(encz) | government transfer payments,vládní transferové platby [eko.] RNDr.
Pavel Piskač |
imf committee on balance of payments statistics
(encz) | IMF Committee on Balance of Payments Statistics, |
immediate payment
(encz) | immediate payment, n: |
installment payment
(encz) | installment payment, |
interest payment
(encz) | interest payment, |
late payment
(encz) | late payment,opožděné placení n: Zdeněk Brož |
lending minus repayments
(encz) | lending minus repayments, |
lending minus repayments by function
(encz) | lending minus repayments by function, |
lump sum payment
(encz) | lump sum payment, |
mandatory prepayment clause
(encz) | mandatory prepayment clause, |
means of payment
(encz) | means of payment,platidlo Mgr. Dita Gálová |
medicare payment
(encz) | medicare payment, n: |
non-payment
(encz) | non-payment,neplacení n: Zdeněk Brož |
nonfactor payments
(encz) | nonfactor payments, |
nonpayment
(encz) | nonpayment,neplacení n: Zdeněk Brož |
order of payment
(encz) | order of payment, n: |
overpayment
(encz) | overpayment,přeplatek Jaroslav Šedivý |
part payment
(encz) | part payment,částečná platba [eko.] RNDr. Pavel Piskač |
payment arrears
(encz) | payment arrears, |
payment card
(encz) | payment card,platební karta [fin.] RNDr. Pavel Piskač |
payment in kind
(encz) | payment in kind, |
payment leads and lags
(encz) | payment leads and lags, |
payment of share in equity to partners
(encz) | payment of share in equity to partners,vyplacení podílů na vlastním
jmění společníkům [ekon.] přehled o peněžních tocích/cash flow
statement Ivan Masár |
payment order
(encz) | payment order, |
payment rate
(encz) | payment rate, n: |
payments
(encz) | payments,platby n: pl. Zdeněk Brož |
payments deficit
(encz) | payments deficit, |
payments position
(encz) | payments position, |
payments restriction
(encz) | payments restriction, |
payments standstill
(encz) | payments standstill, |
postpayment
(encz) | postpayment, |
prepayment
(encz) | prepayment,placení předem n: Jaroslav Šedivýprepayment,platba dopředu n: [ekon.] Ivan Masárprepayment,předplatné n: RNDr. Pavel Piskač |
prepayment clause
(encz) | prepayment clause, |
rate of payment
(encz) | rate of payment, n: |
redistributional transfer payments
(encz) | redistributional transfer payments, |
regional balance of payments statement
(encz) | regional balance of payments statement, |
regular payment
(encz) | regular payment, n: |
repayment
(encz) | repayment,splacení n: Zdeněk Brožrepayment,splátka n: Zdeněk Brožrepayment,vyrovnání n: Zdeněk Brožrepayment,zaplacení n: Zdeněk Brož |
repayment period
(encz) | repayment period, |
repayment rate
(encz) | repayment rate, n: |
repayment schedule
(encz) | repayment schedule, |
repayments
(encz) | repayments,splátky n: pl. Zdeněk Brož |
representation of balance of payments financing need
(encz) | representation of balance of payments financing need, |
requited payment
(encz) | requited payment, |
service payment
(encz) | service payment, |
split payment
(encz) | split payment,rozdělená platba [eko.] RNDr. Pavel Piskač |
stop payment
(encz) | stop payment,zastavit placení [eko.] RNDr. Pavel Piskač |
support payment
(encz) | support payment, n: |
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