英语巴士网

英文法律词典 I-11

分类: 法律英语 

IMPEACHMENT, evidence. An allegation, supported by proof, that a witness who has been examined is unworthy of credit.

2. Every witness is liable to be impeached as to his character for truth; and, if his general character is good, he is presumed, at all times, to be ready to support it. 3 Bouv. Inst. n. 3224, et seq.

IMPEACHMENT OF WASTE. It signifies a restraint from committing waste upon lands or tenements; or a demand of compensation for waste done by a tenant who has but a particular estate in the land granted, and, therefore, no right to commit waste.

2. All tenants for life, or any less estate, are liable to be impeached for waste, unless they hold without impeachment of waste; in the latter case, they may commit waste without being questioned, or any demand for compensation for the waste done. 11 Co. 82.

IMPEDIMENTS, contracts. Legal objections to the making of a contract. Impediments which relate to the person are those of minority, want of reason, coverture, and the like; they are sometimes called disabilities. Vide Incapacity.

2. In the civil law, this term is used to signify bars to a marriage. These impediments are classed, as they are applied to particular persons, into absolute and relative; as they relate to the contract and its validity, they are dirimant (q. v.) and prohibitive. (q. v.) 1. The absolute impediments are those which prevent the person subject to them from marrying at, all, without either the nullity of marriage, or, its being punishable. 2. The relative impediments are those which regard only certain persons with regard to each other; as, the marriage of a brother to a sister. 3. The dirimant impediments are those which render a marriage void; as, where one of the contracting parties is already married to another person. 4. Prohibitive impediments are those which do not render the marriage null, but subject the parties to a punishment. Bowy. Mod. Civ. Law, 44, 45.

IMPERFECT. That which is incomplete.

2. This term is applied to rights and obligations. A man has a right to be relieved by his fellow-creatures, when in distress; but this right he cannot enforce by law; hence it is called an imperfect right. On the other hand, we are bound to be grateful for favors received, but we cannot be compelled to perform such imperfect obligations. Vide Poth. Ob. arc. Pr«liminaire; Vattel, Dr. des Gens, Prel. notes, 17; and Obligations.

IMPERIUM. The right to command, which includes the right to employ the force of the state to enforce the laws; this is one of the principal attributes of the power of the executive. 1 Toull. n. 58.

猜你喜欢

推荐栏目