单词 | precarium |
释义 | precariumn. 1. Roman Law and Scots Law (now historical). A loan granted on request but revocable whenever the lender wishes. ΘΚΠ society > trade and finance > financial dealings > moneylending > [noun] > loan > other loans precarium1681 call loan1848 home loan1851 personal loan1853 short-loan1865 student loan1889 subprime1975 1681 J. Dalrymple Inst. Law Scotl. i. x. 133 Precarium is a kind of commodatum, differing in this, that Commodatum hath a determinat time, either expresly when the use of a thing is given to such a day, or such an use, which importeth a time;..Precarium is expresly lent, to be recalled at the lenders pleasure. a1732 J. Ayliffe New Pandect Rom. Civil Law (1734) iv.xx. 545 He who grants a thing as a Precarium, so gives it so as to receive the same again, whenever he pleases. a1768 J. Erskine Inst. Law Scotl. (1773) II. iii. i. 420 The contract of precarium is a gratuitous loan, in which the lender either gives the use of the subject in express words, revocable at pleasure,..or gives it in general terms, to be used by the borrower, without specifying any determinate time or use... In either case, it may be redemanded by the owner when he thinks fit. 1861 G. Ross W. Bell's Dict. Law Scotl. (rev. ed.) (at cited word) The contract of precarium is a gratuitous loan, in which the lender gives the use of the subject in express words, revocable at pleasure. 1964 Jrnl. Rom. Stud. 54 212 Gratuitous contracts involving the delivery of things: deposit, irregular deposit, loan of consumables and of non-consumables and precarium. 2. Medieval History. A grant of land for life in return for military services.Originally the grantor retained ownership of the land and could revoke the grant at any time, but in later practice the tenant usually gained security of tenure. Cf. benefice n. 5. ΘΚΠ society > law > transfer of property > types of transfer > [noun] > specific granting of land precary1694 centuriation1867 homesteading1870 precarium1878 1878 G. R. L. Marriott tr. E. de Laveleye Primitive Prop. xxvii. 338 In the middle ages, the free-allod was the exception; the precarium, and the beneficium, the fief,—that is, a sort of hereditary usufruct,—was the rule. 1904 Amer. Hist. Rev. 9 350 The precarium is at first a loan of land made in reply to a document requesting such a loan. 1924 E. Maslin Hulme Hist. Brit. People iv. 55 Thus, at first, there were two distinct sides to feudalism; a land tenure called the precarium, which afterwards became known as benefice, and a personal tie called the patrocinium, which later on became known as vassalage. 1994 S. Reynolds Fiefs & Vassals iv. 79 What may have been one of the earliest and most common forms of precarium: that in which someone who gave land to a church received it, or part of it, back for his or her lifetime. 2000 M. Innes State & Society Early Middle Ages vi. 213 Engilhelm..held, as precaria from Lorsch, estates in Weinheim and the cella of Birkenau against a payment termed a pontificium. This entry has been updated (OED Third Edition, March 2007; most recently modified version published online March 2022). < n.1681 |
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