In the civil law. The party who asked the question in the contract of stipulation; the other party, or he who answered, being called the "promissor." But, in a more general sense, the term was applied to both the parties. Calvin. … [Read more...]

(A) A term used in wills that refers to descendants of a common ancestor or branch of a family. See its application in will practice under per stirpes as opposed to per capita. (B) descents. The root, stem, or stock of a tree. Figuratively, it signifies, in law, that person from whom a family is descended, and also the kindred or family. 2. It is chiefly used in estimating the … [Read more...]

Latin: A root or stock of descent or title. Taking property by right of representation is called "succession per stirpes," In opposition to taking in one's own right or as a principal, which is termed "taking per capita." See Rotmanskey v. Helss, 86 Md. 633, 39 Atl. 415 … [Read more...]

A stillborn child is one born dead or in such an early stage of pregnancy as to be incapable of living though not actually dead at the time of birth. Children born within the first six months after conception are considered by the civil law as incapable of living and therefore though they are apparently born alive if they do not in fact survive so long as to rebut this … [Read more...]

civ. law. The rain water that falls from the roof or eaves of a house by scattered drops. When it is gathered into a spout it is called flumen. 2. Without the constitution of one or other of these servitudes, no proprietor can build so as to throw the rain that falls from his house directly on his neighbor's grounds; for it is a restriction upon all property, nemo protest … [Read more...]