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TACIT

Categories: Contracts

Definition (1910 Edition)

Origin: Civil Law

T

he would have no right to do but in his capacity as heir. Civ. Code La. 1900, art. —Tacit hypothecation. In the civil law, a species of lien or mortgage which is created by. operation of law without any express agreement of the parties. Mackeld. Rom. Law, § 343. In admiralty law, this term is sometimes applied to a maritime lien, which is not, strictly speaking, an hypothecation in the Roman sense of the term, though it resembles it.- See The Nestor, 1 Sumn. 73. 18 Fed. Cas. 9.—Tacit law. A law which derives its authority from the common consent of the people without any _legislative enactment. 1 Bouv. Inst. no. 120.—Tacit mortgage. In the Jaw of Louisiana. The law alone in certain cases gives to the creditor a mortgage on the property of his debtor, without it being requisite that the parties should stipulate it. This is called “legal mortgage.” It is called also “tacit mortgage,” because it is established by the law without the aid of any agreement. Civ. Code La. art. 3311.—Tacit relocation. In Scotch law. The tacit or implied renewal of a lease, inferred when the Jandiord, instead of warning a tenant to remove at the stipulated expiration of the lease, has allowed him to continue without making a new agreement. Bell, “Ielocation.”—Tacit tack. In Scotch law. An implied tack or lease: inferred from a tacksman’s possessing peacenn ly after his tack is expired. 1 Forb. pst. pt. 2. p. 153,
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.