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RELATION

(A) civil law. The report which the judges made of the proceedings in certain suits to the prince were so called. 2. These relations took place when the judge had no law to direct him, or when the laws were susceptible of difficulties; it was then referred to the prince, who was the author of the law, to give the interpretation. Those reports were made in writing and contained the pleadings of the parties, and all the proceedings, together with the judge’s opinion, and prayed the emperor to order what should be done. The ordinance of the prince thus required was called a rescript. the use of these relations was abolished by Justinian, Nov. 125. (B) contracts, construction. When an act is done at one time, and it operates upon the thing as if done at another time, it is said to do so by relation; as, if a man deliver a deed as an escrow, to be delivered by the party holding it, to the grantor, on the performance of some act, the delivery to the latter will have relation back to the first delivery. Termes de la Ley. Again, if a partner be adjudged a bankrupt, the partnership is dissolved, and such dissolution relates back to the time when the commission issued.

Law Dictionary – Alternative Legal Definition

1. A relative or kinsman; a person connected by consanguinity or affinity. 2.The connection of two persons, or their situation with respect to each other, who are associated, whether by the law, by their own agreement, or by kinship, in some social status or union for the purposes of domestic life; as the relation of guardian and ward, husband and wife, master and servant parent and child; so in the phrase “domestic relations.” 3. In the law of contracts, when an act is done at one time, and it operates upon the thing as if done at another time, it is said to do so by relation; as, If a man deliver a deed as an escrow, to be delivered, by the party holding it, to the grantor, on the performance of some act the delivery to the latter will have relation back to the first delivery. Termes de la Ley. See U. S. v. Anderson, 191 U. S. 394, 24 Sup. Ct. 716, 48 L. Ed. 1035; Peyton v. Desmond, 129 Fed. 11, 63 C. C. A. 651. 4. A recital, account, narrative of facts; information given. Thus, suits by QUO tearranto are entitled on the relation of a private person, who is called the “relator.” But in this connection the word seems also to Involve the Idea of the suggestion, instigation, or instance of the relator. 5. In the civil law, the term “relation” was used to designate the report of the facts and law in a pending case, made by the judges to the emperor, for the purpose of obtaining his opinion on the questions of law involved, in the form of an imperial rescript This proceeding might be resorted to in cases where no law seemed applicable, or where there were great difficulties in its interpretation, until, it was abolished by Justinian. Nov. 125.

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