Transference

Transference

Scottish Law: Transference in the Past

The name of an action by which a suit, which was pending at the time the parties died, is transferred from the deceased to his representatives, in the same condition in which it stood formerly. If it be the pursuer who is dead, the action is called a transference active; if the defender, it is a transference passive. Ersk. Prin. B. 4, t. 1, n. 32. [1][rtbs name=”scottish-law”]

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Notes and References

  1. Partialy, this information about transference is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including transference.

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