| 释义 |
fungible, a. and n. Law.|ˈfʌndʒɪb(ə)l|
[ad. med.L. fungibilis (‘res fungibiles’ Du Cange), f. fungī (with sense as in fungi vice, to take the place, fulfil the office of).
The adj. belongs to Civil Law and to the general theory of Jurisprudence; the n. is in addition a current term of the law of Scotland.]
A. adj. (See quot. 1832.)
1818H. T. Colebrooke Oblig. & Contracts I. 64 In the instance of money and other fungible articles. 1832Austin Jurispr. (1879) II. xlvi. 807 When a thing which is the subject of an obligation..must be delivered in specie, the thing is not fungible, i.e. that very thing, and not another thing of the same or another class in lieu of it must be delivered. Where the subject of the obligation is a thing of a given class, the thing is said to be fungible, i.e. the delivery of any object which answers to the generic description will satisfy the terms of the obligation. 1886Sat. Rev. 25 Dec. 853 A certain number of persons..do not..regard books as ‘fungible’, but exercise a choice as to the books they read.
B. n. A fungible thing.
a1765Erskine Inst. iii. i. §18 (1773) I. 418 Grain and coin are fungibles, because one guinea, or one bushel or boll of sufficient merchantable wheat, precisely supplies the place of another. 1865M. Lennan Prim. Marriage i. in Stud. Anc. Hist. (1887) 8 The Libripens with his scales, officiating at a will or act of adoption..illustrates the sources whence all ideas of formal dispositions were derived—the sale of fungibles. 1874Act 37 & 38 Vict. c. 94 §15 Casualties..paid in money or in fungibles at fixed periods or intervals. 1880Muirhead Gaius Digest 489 If he..had been guilty of immorality, he was punished by being required to restore fungibles at once.
Add: Hence fungiˈbility n.; ˈfungibly adv.
1902Encycl. Brit. XXVIII. 253/1 Profoundly convinced of the fungibility and pliability of mankind, he [sc. Jeremy Bentham] was but too ready to draw a code for England..at the shortest notice. 1964Federal Reporter (U.S.) CCCXXXIV. 408/1 During a segment of its journey..it becomes fungibly commingled in a common pipeline with gas destined for resale in interstate commerce. 1988Investors Chron. 15 July 6/2 Fungibility implies being able to close in Chicago something you opened in London earlier in the day. |