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Simple English definitions for legal terms
common substitution
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A quick definition of common substitution:
Common substitution is when one person or thing takes the place of another person or thing. This can happen in different situations, like in parliamentary law when words are replaced in an amendment, or in Roman law when a person is nominated to take the place of an heir who has refused or failed to accept an inheritance. It can also involve the designation of a person to succeed another as beneficiary of an estate. In Louisiana law, there is a type of substitution called prohibited substitution, where a person who is not a trustee is designated to take full ownership of property and deliver it to another designated person at death.
A more thorough explanation:
Definition: Common substitution is the process of designating a person or thing to take the place of another person or thing. It can refer to:
- Replacing one or more words with others in an amendment in parliamentary law.
- The nomination of a person to take the place of a previously named heir who has refused or failed to accept an inheritance in Roman law.
- The nomination of a person to succeed a descendant who is under the age of puberty and in the potestas of the testator, if the descendant has died before reaching puberty in Roman law.
- A testator's designation of a person to whom the property was to be given by the person named as heir, or by the heir of that person in Roman law.
- The designation of a person to succeed another as beneficiary of an estate, usually involving a fideicommissum in civil law.
For example, in parliamentary law, an amendment by substituting one or more words with others is a common substitution. In Roman law, if a descendant has died before reaching puberty, a person can be nominated to take their place as a successor. In civil law, a person can be designated to succeed another as a beneficiary of an estate.
Overall, common substitution is the process of replacing one person or thing with another in various legal contexts.