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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 208
September 24 , 2005

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Law Opinion
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Law Lexicon
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Law Lexicon

Sui juris
A person who possesses full civil rights and is not under any legal incapacity such as being bankrupt, of minor age or mental incapacity. Most adults are sui juris.

Surety
The person who has pledged him or herself to pay back money or perform a certain action if the principal to a contract fails, as collateral, and as part of the original contract. Technically, where a person provides collateral after or before the original contract is signed, and as a separate contract, the person is called a "guarantor" and not a "surety."

Synallagmatic contract
A civil law term for a reciprocal or bilateral contract: one in which both parties provide consideration. A contract of sale is a classic example, where one party provides money and the other, goods or services. A gift is not a synallagmatic contract.

Taft-Hartley
The name of an American federal labour law which was passed in 1947, and which sought to "equalise legal responsibilities of labour organisations and employers"; ie. balance the Wagner Act, which, it was felt, may have gone to far in protecting union rights. Where the Wagner Act had was aimed primarily at employer behaviour, the Taft-Hartley was aimed at unions and sought to restrain their activities under certain circumstances, by detailing union rights and duties. For example, the Taft-Hartley Act exempted supervisors from it's provisions, allowed employees to decline participation in union activities and permitted union decertification petitions.

Tamper
To interfere improperly or in violation of the law such as to tamper with a document. The term "jury tampering" means to illegally disrupt the independence of a jury member with a view to influencing that juror otherwise than by the production of evidence in open court.

Tenancy by the entireties
A form of co-ownership in English law where, when a husband transferred land to his wife, the property could not be sold unless both spouses agreed nor could it be severed except by ending the marriage.

Tenant
A person to whom a landlord grants temporary and exclusive use of land or a part of a building, usually in exchange for rent. The contract for this type of legal arrangement is called a lease. The word "tenant" originated under the feudal system, referring to land "owners" who held their land on tenure granted by a lord.

Tenants in common
Similar to joints tenants. All tenants in common share equal property rights except that, upon the death of a tenant in common, that share does not go to the surviving tenants but is transferred to the estate of the deceased tenant. Unity of possession but distinct titles.

Tender
An unconditional offer of a party to a contract to perform their part of the bargain. For example, if the contract is a loan contract, a tender would be an act of the debtor where he produces the amount owing and offers to the creditor. In real property law, when a party suspects that the other may be preparing to renege, he or she can write a tender in which they unequivocally re-assert their intention to respect the contract and tender their end of the bargain; either by paying the purchase or delivering the title.

Tenure
A right of holding or occupying land or a position for a certain amount of time. The term was first used in the English feudal land system, whereby all land belonged to the king but was lent out to lords for a certain period of time; the lord never owning, but having tenure in the land. Used in modern law mostly to refer to a position a person occupies such as in the expression "a judge holds tenure for life and on good behaviour."

 
 
 


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