An agreement that is in anticipation of another subsequent contract that will supersede the terms of the earlier contract. In essence, the earlier contract is a commitment to a directly related to the formalization of a future agreement. With individual agreements, there may be a question as to whether such a preparatory contract is legally binding. The performance of a … [Read more...]
PUTATIVE
Reputed; supposed; commonly esteemed. Applied in Scotch law to creditors and proprietors. 2 Karnes, EQ. 105, 107, 109. Putative father. The alleged or reputed father of an illegitimate child. State v. Nest-aval, 72 Minn. 415, 75 X. W. 725. Putative marriage. A marriage contracted in good faith and in ignorance (on one or both sides) that impediments exist which render it … [Read more...]
PUTATIVE FATHER
The reputed father. 2. This term is most usually applied to the father of a bastard child. 3. The putative father is bound to support his children, and is entitled to the guardianship and care of them in preference to all persons but the mother. … [Read more...]
PUTATIVE MARRIAGE
This marriage is described by jurists as matrimonium putativum, id est, quod bona fide et solemnitur saltem, opinions conjugis unius justa contractum inter personas vetitas jungi. Hertius, h. t. It is a marriage contracted in good faith, and in ignorance of the existence of those facts which constituted a legal impediment to the intermarriage. 2. Three circumstances must concur … [Read more...]
PUTATIVE SPOUSE
A person who believes that they are married to another person when, in fact, the marriage is not legally valid. … [Read more...]