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单词 defeasance
释义

defeasancen.

Brit. /dᵻˈfiːzns/, U.S. /dəˈfizns/, /diˈfizns/
Forms: Middle English defesance, Middle English deffesaunce, Middle English–1500s defesaunce, 1500s defeazaunce, 1500s defessansse, 1500s depheazance, 1500s dephezaunce, 1500s–1600s defeasans, 1500s–1600s defeasaunce, 1500s–1600s defeysance, 1500s– defeasance, 1600s defeaseance, 1600s defeasence, 1600s defeasens, 1600s defeisance, 1600s defezance, 1600s–1800s defeazance; also Scottish pre-1700 defaisance, pre-1700 defasance, pre-1700 defasans, pre-1700 defaysance, pre-1700 deffaissans.
Origin: A borrowing from French. Etymons: French defeasance, defesance.
Etymology: < Anglo-Norman defeasance, defesaunce, defeisance, deffesaunce, etc., Anglo-Norman and Middle French defesance undoing, act of going back to a former state (c1150 in Old French), ruin, destruction (14th cent. or earlier), annulment, abolition (14th cent. or earlier), in Anglo-Norman also legal deed annulling another (14th cent. or earlier), clause or condition which renders a legal deed or contract null and void (14th cent. or earlier) < de- de- prefix + feasance , fesance , fesaunce feasance n., after defaire , deffaire , desfaire to undo, to destroy (see defeat v.). Compare defeat n., which shows partial semantic overlap with this word.Sense 1 has no parallel in French; it appears to show a specific semantic development of the French loan within English. In sense 3 after defease v. 1b.
1. Scots Law. Release or exemption from something owed or due, such as a debt or obligation; discharge from a debt or obligation; acquittance. Obsolete.
ΘΚΠ
society > morality > duty or obligation > moral or legal constraint > immunity or exemption from liability > [noun] > release from duty or obligation
remission?1316
loosingc1357
releasec1390
releasing1395
discharginga1398
defeasance1399
quittancea1400
acquittancec1405
discharge1423
absolution1447
acquittinga1450
quietance1451
excusationc1475
relief1496
acquittal?1538
releasement1548
ease1576
excuse1577
relievement1583
excusal1584
exoneration1640
dispensation1653
absolvement1689
1399 Liber Cartarum Sancte Crucis (1840) 113 Þe defesance of foure score of pondis made throw þe said Religious men to þe said Davy.
1476 in T. Thomson Acts Lords Auditors (1839) 51/2 Sic prufe and witnessing as he will vsse for him anent the defesance of the said obligatioun.
1478 Acts Lords of Council Civil Causes in J. Jamieson Etymol. Dict. Sc. Lang. (1825) Suppl. at Defaise Becauss the thane of Caldor allegis that he has charteris to defese him tharof [sc. payment], the lordis assignis him..to schew tha charteris, & sufficiand defesance.
1552 in Rec. Parl. Scotl. to 1707 (2007) A1552/2/30 It salbe lesum to the annuellaris, notwithstanding the defaisance maid presentlie, gif thay pleis to by in agane..defaysance of payment.
1762 J. Galbraith Answers for Creditors of Deceast John Galbraith of Balgair 21 The lex loci contractus regulates the Constitution, Transmission and Endurance of the Contract, and ought therefore to regulate the defeasance or Discharge of it.
2. Law. Now rare.
a. A collateral deed or other document expressing a condition which, if fulfilled, renders a deed or contract null and void; a clause or condition having this function.
ΘΚΠ
the mind > attention and judgement > testing > attestation, witness, evidence > qualification > [noun] > reservation, proviso > that makes void
defeasance1428
safeguard1523
1428 in J. Raine Vol. Eng. Misc. N. Counties Eng. (1890) 9 An obligacyon..and a defesance made yer apon yat ye sayd John Lyllyng fra yan furth suld be of gude governaunce.
1534 A. Windsor Let. 24 Nov. in Lisle Papers (P.R.O.: SP 3/8/84) f. 118 I haue delyuerde your statuyt..wt the marchaunttes defessansse cancelde, to Mr. Clement Smyth.
1558 Dunkyn's Mortgage to Vicary in Vicary's Anat. (1888) App. v. 183 Withoute eny maner of vse, condicion or dephezaunce.
a1586 Sir P. Sidney Arcadia (1590) iii. xviii. sig. Ss6 A sufficient defeazaunce for the firmest bonde of good nature.
1634 J. Ford Chron. Hist. Perkin Warbeck ii. sig. E2 No Indenture, but has its counterpawne; no Noverint but his Condition, or Defeysance.
1641 Rastell's Termes de la Ley (new ed.) f. 103 A defeasance is usually a deed by it selfe concluded and agreed on betweene the parties, and having relation to another deed or grant.
1672 T. Manley Clerks Guide iv. 722 To make a good Defeasance, these things are necessarily required.
1705 G. Billinghurst Arcana Clericalia 249 A Defeazance is a Deed, made after the Obligation to defeat the same.
1766 J. Burrow Rep. Court King's Bench 2 827 A day or two after, a Defeasance was executed; which was a Separate Deed, making the former void upon Payment of all the Money due to Wilson.
1875 E. Poste tr. Gaius Institutionum Iuris Civilis (ed. 2) iii. Comm. 414 The warrant being accompanied by a defeazance declaring it to be merely a security for payment.
1915 Harvard Law Rev. 29 121 Let the obligation be drawn for a round sum..with..a defeasance in a separate instrument, declaring the obligation void on payment of the loan on a particular day.
2015 Pakistan Law Reporter (Nexis) 8 Sept. There must be a defeasance or default clause in order to make the gift revocable.
b. The rendering of a right, condition, contract, etc., null and void; annulment.
ΘΚΠ
society > law > rule of law > illegality > [noun] > legal invalidity or faultiness > annulment or abrogation
reversing?a1425
repealing1431
abatementc1436
cancellingc1440
annullation1449
defeasance1456
voidance1488
reversal1489
reduction1496
repeal1503
extinguishment1528
disannulling1533
abrogation1535
obrogation1535
unplacing1554
nullity1555
reversement1572
reclaim1604
disaffirmancea1626
avoidance1628
rescinding1638
cassating1647
vacating1648
voiding1649
defease1650
annulment1651
unlawing1651
defeat1657
vacuating1684
peremption1726
invalidation1771
rescindment1783
supersession1790
disaffirmation1827
disenactment1859
discharge1892
1456 in W. P. Baildon Sel. Cases Chancery (1896) 138 An obligacion of the Statuyt Marchant of Salesbury..the saide Robert delyuered to on John Gardner to kepe it tyll suffisant endentures in deffesaunce there of were made.
1579 H. Heron Kayes of Counsaile iii. sig. Cij Now it is in defesaunce of right too commonlye set abroche.
1592 ‘C. Cony-Catcher’ Def. Conny-catching sig. B3 The gentleman..promised to acknowledge a statute staple to him, with letters of defeysance.
1602 W. Fulbecke 2nd Pt. Parallele or Conf. Law vii. f. 68v As to conditions impossible in facte, such conditions if they go to the defeasans of an estate, the estate notwithstanding remaineth good.
1628 E. Coke 1st Pt. Inst. Lawes Eng. f. 236v Indentures of Defeasance.
1674 J. Godolphin Orphans Legacy ii. xxviii. 143 If there be any Defeazance of the Judgement yet in force, then the Judgement will not avail to keep off other Creditors from their debts.
1706 S. Carter Lex Vadiorum i. 5 Lands executed by Livery, &c. cannot by Indenture of Defeasance be defeated afterwards.
1765 W. Blackstone Comm. Laws Eng. I. 211 It was not a defeazance of the right of succession.
1827 T. Jarman Powell's Ess. Learning of Devises (ed. 3) II. 242 An executory devise, limited in defeazance of a preceding estate.
1888 Observ. Land Transfer Bill (Law Soc.) 20 In case of defeasance of the estate of a registered owner.., the Land Transfer Board is to register the next owner.
1931 Times 2 Nov. 14/5 The Court of Appeal held that the contract of marriage could not be invalidated by the conditions of defeasance prescribed by the Russian law.
1978 U.S. Supreme Court Bull. (Commerce Clearing House) 38 B1238 The sovereignty that the Indian tribes retain is of a unique and limited character. It exists only at the sufferance of Congress and is subject to complete defeasance.
1994 Irish Times (Nexis) 25 Jan. 3 The Bill's provisions..were applied to each and every category and instance falling within the time scale provided for in the Bill with a right of defeasance.
3. Scottish. Deduction. Cf. defease n. 1. Obsolete. rare.
ΘΚΠ
the world > relative properties > quantity > decrease or reduction in quantity, amount, or degree > deduction > [noun]
defalking1475
deduction1496
defeasance1516
detraction1528
subtraction1534
subduction1555
abating1557
ademption1590
subtracting1611
defalcation1624
retractiona1636
abate1646
deducing1651
dockage1886
1516 Acts Lords of Council Civil Causes XXVIII. f. 38, in Dict. Older Sc. Tongue at Defesance Other lauchfull defesance being defalkit and takin of.
4. The action of defeating a person or thing; the fact of being defeated; defeat, overthrow; ruin. Obsolete.
ΘΚΠ
the world > existence and causation > creation > destruction > [noun]
end832
bale-sithea1000
wrakea1275
wonderc1275
destroyingc1300
destruction1340
contritionc1384
stroying1396
undoing1398
tininga1400
ruinc1425
fatec1430
fordoingc1450
perishing?1523
shipwreck1526
pernicion?1530
ruining1562
ruinating1587
defeasance1590
defeature1592
breakneck1598
ruination1599
defeat1600
doom1609
planet-striking1611
mismaking1615
rasurea1616
destructa1638
perition1640
interemption1656
smashing1821
degrowth1876
uncreation1884
creative destruction1927
1590 E. Spenser Faerie Queene i. xii. sig. L8v Where that champion stout After his foes defeasaunce did remaine.
1616 R. Carpenter Christs Larvmbell 61 in Pastoral Charge Notwithstanding the discouery and defeysance of their manifold mischieuous designments.
a1617 P. Baynes Comm. Epist. First Chapter Paul to Ephesians (1618) iv. 87 He may suffer defeasance in the intentions he purposeth.
1751 G. Atwood Mortality Princes 8 The Death of Princes, and the Defeasance of our Hopes.
1847 G. Grote Hist. Greece III. ii. ix. 21 It was always an oligarchy which arose on the defeasance of the heroic kingdom.
1874 W. Stubbs Constit. Hist. I. viii. 235 The extinction or other defeasance of the old royal houses.
5. Finance and Accounting (originally U.S.). A method used to remove assets and liabilities from a balance sheet by irrevocably depositing the assets in a trust or other instrument sufficient to discharge the liabilities when they become due. Also: the action or practice of using this method.
ΚΠ
1976 Financial Managem. Summer 60/2 There are two basic types of advance refundings—the ‘defeasance’ and the ‘crossover’. In a defeasance refunding, the investment in escrow securities meets all the cash flow requirements of the old obligation.
1980 PR Newswire (Nexis) 24 Jan. The company's telephone subsidiary.., through a financing mechanism known as a defeasance, caused $13,860,000 of first mortgage bonds to be removed from its balance sheet.
2003 Bond Buyer (Nexis) 4 Sept. Standard & Poor's raised its rating on Boynton Beach's $11.9 million of Series 1996 housing bonds to AAA from A-plus due to the defeasance of the bonds with U.S. government securities.

Compounds

attributive (in senses 2, 5), as defeasance clause, defeasance provision, defeasance transaction, etc.
ΚΠ
1890 Co-operative News (U.S.) 16 Jan. 1/2 The Building Associations..had their mortgages drawn up for regular loans, the defeasance clauses based upon promissory notes, with all the qualities of negotiability in them.
1901 Rep. Appellate Courts Illinois 94 267 A deed otherwise absolute in its terms as a conveyance in fee simple becomes, through a defeasance provision, a mere mortgage.
1970 Virginia Law Rev. 56 135 Many deferred compensation schemes, such as pension plans, have defeasance clauses covering certain situations.
1982 Bond Buyer (Nexis) 29 July The two Oregon defeasance transactions were done after John Lobdell, the state's public utility commissioner, asked the utilities to find ways to reduce the projected rate increases needed to compensate for expected construction losses.
2007 Real Estate Issues (U.S.) (Nexis) Spring 29 Understanding and being able to negotiate defeasance provisions in the term sheet of a new loan go a long way in mitigating future defeasance costs.
This entry has been updated (OED Third Edition, December 2016; most recently modified version published online March 2022).

defeasancev.

Brit. /dᵻˈfiːzns/, U.S. /dəˈfizns/, /diˈfizns/
Forms: see defeasance n.; also 1900s– defeazance.
Origin: Formed within English, by conversion. Etymon: defeasance n.
Etymology: < defeasance n.
Law. Now rare.
transitive. To render null and void subject to the fulfilment of certain (predetermined) conditions; to make subject to a defeasance (defeasance n. 2a).
ΚΠ
1621 Effect of Bill by Sir F. Englefield (single sheet) The Visconte thereby likewise lastly couenanteth not to stir, alter nor incumber this his estate so firmly setled, and giueth to these three Feoffees a recognisance of 20000 l. defeazanced for his performance of the said couenant.
1693 Law Obligations & Conditions 290 The Statute was defeasanced on this Condition.
1715 W. Bohun Cursus Cancellariæ xiii. 358 It appear'd the Benefit of a Decree was assign'd and defeasanced for Payment of Money.
1771 J. Burrow Rep. Court King's Bench 3 1372 A Bond conditioned for paying Money by Instalments, or so defeazanced at the Time of executing the Bond, might be construed to be within the Intention of the Statute.
1823 Maryland Gaz. 13 Nov. The deed..in consideration of two hundred dollars, conveys to Wesley..four negroes, to be defeasanced on the payment of two hundred dollars.
1841 H. Chance Suppl. Treat. Powers 119 Cases where an estate for life..is limited—with a subsequent clause defeasancing the estate, and limiting the lands over to another.
1951 Econ. Hist. Rev. 3 281 The bond was defeasanced or cancelled by slashing, or other recognized method, and no longer enforceable.
1975 Bull. Inst. Hist. Res. 48 176 Skinner outlined the conditions for defeazancing these obligations.
This entry has been updated (OED Third Edition, December 2016; most recently modified version published online March 2022).
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