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constructive :: legal definition


Constructive - adj. a legal fiction for treating a situation as if it were actually so. Some examples help to clarify this term: a) although Jeremiah Gotrocks does not have the jewelry in his possession, he has the key to the safe deposit box and the right to enter so he has "constructive possession"; b) although there is no written trust document, George Holder has picked up $10,000 in bearer bonds from the post office box of his niece Tess Truehart, who gave him her post office box combination while she was traveling in Europe-this makes Holder her "constructive trustee."

See also: constructive eviction constructive fraud constructive notice constructive possession constructive trust and Related Law Terms ↓


Related Law Terms

constructive possession :: n. when a person does not have actual possession, ... possession. See also: constructive
constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor

Popular Law Searches

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Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.