英文法律词典 C-64

COMMORANCY, persons. An abiding¹ dwelling², or continuing as an inhabitant in any place. It consists, properly, in sleeping usually in one place.,

COMMORANT. One residing or inhabiting a particular place. Barnes, 162.

COMMORIENTES. This Latin word signifies those wbo die at the same time, as, for example, by shipwreck³.

2. When several persons die by the same accident, and there is no evidence as to who survived, the presumption⁴ of law is, they all died at the same time. 2 Phillim. R. 261 Fearne on Rem. iv.; 5 B. & Adol. 91; Cro. Eliz. 503; Bac. Ab. Execution, D; 1 Mer. R. 308. See Death; Survivor⁵.

COMMUNICATION, contracts. Information; consultation⁶; conference.

2. In order to make a contract, it is essential there should be an agreement; a bare communication or conference will not, therefore, amount to a contract; nor can evidence of such communication be received in order to take from, contradict, or alter a written agreement. 1 Dall. 426; 4 Dall. 340; 3 Serg. & Rawle, 609. Vide Pour-parler; Wbarton's Dig. Evid. R.

COMMUNINGS, Scotch⁷ law. This term is used to express the negotiations⁸ which have taken place before making a contract, in relation thereto. See Pourparler.

2. It is a general rule, that such communings or conversations, and the propositions then made, are no part of the contract for no parol evidence will be allowed to be given to contradict, alter, or vary a written instrument. 1 Serg. & R. 464 Id. 27; Add. R. 361; 2 Dall. R. 172 1 Binn. 616; 1 Yeates, R. 140; 12 John. R. 77; 20 John. R. 49; 3 Conn. R. 9; 11 Mass. R. 30; 13 Mass. R. 443; 1 Bibb's R. 271; 4 Bibb's R. 473; 3 Marsh⁹. (Kty.) R. 333; Bunb. 175; 1 M. & S. 21; 1 Esp. C. 58; 3 Campb. R. 57.

COMMUNIO BONORUM, civil law. Common goods.

2. When a person has the management of common property, owned by himself and others, not as partners, he is bound to account for the profits, and is entitled to be reimbursed¹⁰ for the expenses which he has sustained by virtue¹¹ of the quasi-contract which is created by his act, called communio bonorum. Vicat; 1 Bouv. Inst. n. 907, note.