单词 | decisory oath |
释义 | > as lemmasdecisory oath decisory oath n. Civil Law an oath given by one party in a lawsuit at the request of the other party, affirming the truth of a fact which the first party relies upon but cannot prove (and which the second party cannot disprove), and which is treated as proving the fact in question; also called decisive oath, proof by oath.The decisory oath was abolished in Scotland by the Requirements of Writing (Scotland) Act 1995, and had already disappeared in practice; it is occasionally still used in other Civil law jurisdictions, as in Italy. ΘΚΠ society > law > administration of justice > court proceedings or procedure > evidence > [noun] > types of oath fore-oatha1000 decisory oath1593 voir dire1676 suppletory oatha1691 oath in supplement1838 1593 R. Cosin Apol. for Sundrie Proc. (rev. ed.) iii. iii. 25 The decisory oath, is either delatum or relatum by the one of the parties, that are in sute together. 1662 E. Lake Memoranda vi. 34 St. Chrysostom alloweth of Decisory Oaths or Wagers of Law, and testifieth that such necessary oaths were in those times imposed to exact mens confessions, and whether they had stollen some certain thing or not. 1796 J. Ebers New & Compl. Dict. German & Eng. Lang. I. 668/1 Eid, Ein gerichtlicher Eid.., a decisory Oath by which a Process or Suit is finished. 1893 Law Mag. & Law Rev. 4th Ser. 14 199 In Scotland, the decisory oath, as well as the oath in supplement, in litem, and of calumny, is still competent, though apparently not often administered. 1903 Amer. Law Reg. 51 385 The parties could not voluntarily take a decisory oath, but only when tendered by the opposite party or required by the judge, and the personality of the party was always taken into account before the entire decision of the question was referred to his single oath. 1990 Irish Law Reform Comm. iii. 24 Civil law jurisdictions..which have retained a form of the ‘party oath’ or ‘decisory oath’, of which France and Italy are typical. 2010 S. Grossi & M. C. Pagni Comm. Ital. Code Civil Procedure 231 The decisory oath is a declaration as to the truth of specific events, given by a party on request of the opposing party..and on the basis of that is conclusive evidence, meaning that the judge and the parties are bound to consider the facts object of the decisory oath as established. < as lemmas |
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