英文法律词典 R-32
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RELATIVE. One connected with another by blood or affinity1; a relation, a kinsman2 or kinswoman. In an adjective sense, having relation or connexion with some other person or thing; as relative rights, relative powers.

RELATIVE POWERS. Those which relate to land, so called to distinguish them from those which are collateral3 to it.

2. These powers are appendant, as where a tenant4 for life has a power of making leases in possession. They are in gross when a person has an estate in the land, with a power of appointment, the execution of which falls out of the compass of his estate, but, notwithstanding, is annexed5 in privity to it, and takes effect in the appointee out of an interest appointed in the appointer. 2 Bouv. Inst. n. 1930.

RELATIVE RIGHTS. Those to which a person is entitled in consequence of his relation with others such as the rights of a hushand in relation to his wife; of a father, as to his children; of a master, as to his servant; of a guardian6, as to his ward7. 2. In general, the superior may maintain an action for an injury committed against his relative rights. See 2 Bouv. Inst. n. 2277 to 2296; 3 Bouv. Inst. n. 3491; 4 Bouv. Inst. n. 3615 to 3618.

RELEASE. Releases are of two kinds. 1. Such as give up, discharge, or abandon a right of action. 2. Such as convey a man's interest or right to another, who has possession of it, or some estate in the same. Touch. 320; Litt. sec. 444; Nels. Ab. h. t.; Bac. Ab. h. t.; Vin. Ab. h. t.; Rolle's Ab. h. t.; Com. Dig. h. t.

RELEASE, contracts. A release is the giving or discharging of a right of action which a man has or may claim against another, or that which is his. Touch. 320 Bac. Ab. h. t.; Co. Litt. 264 a.

2. This kind of a release is different from that which is used for the purpose of convoying real estate. Here a mere8 right is surrendered; in the other case not only a right is given up, but an interest in the estate is conveyed, and becomes vested in the release.

3. Releases may be considered, as to their form, their different kinds, and their effect. &sect9;1. The operative words of a release are remise, release, quitclaim, discharge and acquit10; but other words will answer the purpose. Sid. 265; Cro. Jac. 696; 9 Co. 52; Show. 331.

4. - §2. Releases are either express, or releases in deed; or those arising by operation of law. An express release is one which is distinctly made in the deed; a release by operation of law, is one which, though not expressly made, the law presumes in consequence of some act of, the releasor; for instance, when, one of several joint11 obligors is expressly released, the others are also released by operation of law . 3 Salk. 298. Hob. 10; Id. 66; Noy, 62; 4 Mod. 380; 7 Johns. Rep. 207.

5. A release may also be implied; as, if a creditor12 voluntarily deliver to his debtor13 the bond, note, or other evidence of his claim. And when the debtor is in possession of such security, it will be presumed that it has been delivered to him. Poth. Obl. n. 608, 609.

6. - §3. As to their effect, releases 1st, acquit the releasee: and 2dly, enable him to be examined as a witness.

7. - 1st. Littleton says a release of all demands is the best and strongest release. Sect. 508. Lord Coke, on the contrary, says claims is a stronger word. Co. Litt. 291 b.

8. In general the words of a release will he restrained by the particular occasion of giving it. 3 Lev. 273; 1 Show. 151: 2 Mod. 108, n.; 2 Show. 47; T. Raym. 399 3 Mod. 277; Palm. 218; 1 Lev. 235.

9. The reader is referred to the following cases where a construction has been given to the expressions mentioned. A release of "all actions, suits and demands," 3 Mod. 277: " all actions, debts, duties, and demands," Ibid. 1 and 64; 3 Mod. 185; 8 Co. 150 b; 2 Saund. 6 a; all demands," 5 Co. 70, b; 2 Mod. 281; 3 Mod 278; 1 Lev. 99; Salk. 578; 2 Rolle's Rep. 12 Mod. 465; 2 Conn. Rep. 120; "all actions, quarrels, trespasses14 " Dy. 2171 pl. 2; Cro. Jac. 487; " all errors, and all actions, suits, and writs15 of error whatsoever," T. Ray. 3 99 all suits," 8 Co. 150 of covenants," 5 Co. 70 b.

10. - 2d. A release by a witness where he has an interest in the matter which is the subject of the suit or release by the party on whose side he is interested, renders him competent. 1 Phil. Ev. 102, and the cases cited in n. a. Vide 2 Chitt. It. 329; 1 D. & R. 361; Harr. Dig. h. t.; Bouv. Inst. Index, h. t.



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1 affinity affinity     
n.亲和力,密切关系
参考例句:
  • I felt a great affinity with the people of the Highlands.我被苏格兰高地人民深深地吸引。
  • It's important that you share an affinity with your husband.和丈夫有共同的爱好是十分重要的。
2 kinsman t2Xxq     
n.男亲属
参考例句:
  • Tracing back our genealogies,I found he was a kinsman of mine.转弯抹角算起来他算是我的一个亲戚。
  • A near friend is better than a far dwelling kinsman.近友胜过远亲。
3 collateral wqhzH     
adj.平行的;旁系的;n.担保品
参考例句:
  • Many people use personal assets as collateral for small business loans.很多人把个人财产用作小额商业贷款的抵押品。
  • Most people here cannot borrow from banks because they lack collateral.由于拿不出东西作为抵押,这里大部分人无法从银行贷款。
4 tenant 0pbwd     
n.承租人;房客;佃户;v.租借,租用
参考例句:
  • The tenant was dispossessed for not paying his rent.那名房客因未付房租而被赶走。
  • The tenant is responsible for all repairs to the building.租户负责对房屋的所有修理。
5 annexed ca83f28e6402c883ed613e9ee0580f48     
[法] 附加的,附属的
参考例句:
  • Germany annexed Austria in 1938. 1938年德国吞并了奥地利。
  • The outlying villages were formally annexed by the town last year. 那些偏远的村庄于去年正式被并入该镇。
6 guardian 8ekxv     
n.监护人;守卫者,保护者
参考例句:
  • The form must be signed by the child's parents or guardian. 这张表格须由孩子的家长或监护人签字。
  • The press is a guardian of the public weal. 报刊是公共福利的卫护者。
7 ward LhbwY     
n.守卫,监护,病房,行政区,由监护人或法院保护的人(尤指儿童);vt.守护,躲开
参考例句:
  • The hospital has a medical ward and a surgical ward.这家医院有内科病房和外科病房。
  • During the evening picnic,I'll carry a torch to ward off the bugs.傍晚野餐时,我要点根火把,抵挡蚊虫。
8 mere rC1xE     
adj.纯粹的;仅仅,只不过
参考例句:
  • That is a mere repetition of what you said before.那不过是重复了你以前讲的话。
  • It's a mere waste of time waiting any longer.再等下去纯粹是浪费时间。
9 sect 1ZkxK     
n.派别,宗教,学派,派系
参考例句:
  • When he was sixteen he joined a religious sect.他16岁的时候加入了一个宗教教派。
  • Each religious sect in the town had its own church.该城每一个宗教教派都有自己的教堂。
10 acquit MymzL     
vt.宣判无罪;(oneself)使(自己)表现出
参考例句:
  • That fact decided the judge to acquit him.那个事实使法官判他无罪。
  • They always acquit themselves of their duty very well.他们总是很好地履行自己的职责。
11 joint m3lx4     
adj.联合的,共同的;n.关节,接合处;v.连接,贴合
参考例句:
  • I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤,肩膀脫臼了。
  • We wrote a letter in joint names.我们联名写了封信。
12 creditor tOkzI     
n.债仅人,债主,贷方
参考例句:
  • The boss assigned his car to his creditor.那工头把自己的小汽车让与了债权人。
  • I had to run away from my creditor whom I made a usurious loan.我借了高利贷不得不四处躲债。
13 debtor bxfxy     
n.借方,债务人
参考例句:
  • He crowded the debtor for payment.他催逼负债人还债。
  • The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。
14 trespasses 05fd29b8125daab1be59e535cb305b84     
罪过( trespass的名词复数 ); 非法进入
参考例句:
  • If you forgive men their trespasses,your Heavenly Father will also forgive you. 如果你们饶恕他们的过失,你们的天父也必将饶恕你们的过失。
  • Forgive us our trespasses! 宽恕我们的罪过吧!
15 writs 9dea365ff87b204192f0296c0dc1a902     
n.书面命令,令状( writ的名词复数 )
参考例句:
  • Authority thereof shall issue Writs of Election to fill such Vacancies. 管理局须发出令状的选举,以填补这些空缺。 来自互联网
  • Writs of arrest were issued for a thousand students throughout the country. 全国各地有一千名学生被拘捕。 来自互联网
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