The first substitution or direct substitution is simply the establishment of a second legatee, in case the first could not or would not accept the inheritance; For example, if a testator is to give Peter his estate, but in the event that he cannot obtain it legally, or if he intentionally refuses it, then I give it to Paul; This is a direct substitution. Are you a lawyer? Visit our professional website » Abogado.com The n° 1 of the legal site in Spanish for consumers SUBSTITUTION, civil law. In the law of currencies, it is a question of placing one person in the place of another, so that in the absence of skills in the first or after it, he can have the advantage of an invention or an inheritance. 2. This is a type of remedy that takes place in two different ways; The first is direct substitution and the second is a trustee or a replacement of Commissioner Fidei. The first substitution or direct substitution is simply the establishment of a second legatee, in case the first could not or would not accept the inheritance; For example, if a testator is to give Peter his estate, but in the event that he cannot obtain it legally, or if he intentionally refuses it, then I give it to Paul; This is a direct substitution. The replacement of Commissioner Fidei is the one that takes place when the replaced person is to receive the inheritance only after the first legatee and must therefore receive the thing left from the hands of the latter, for example, I provide Peter, my heir, and I ask him to hand over my estate to Paul upon his death. Merl. Relevant. h.t.; 5. Toull. 14.

n. a document in which the party to a dispute indicates that his registered lawyer will be replaced by another lawyer or by the party acting alone (in propria persona). Usually, both the outgoing lawyer and the substitute lawyer sign the document and accept the replacement, but only the new lawyer must accept as a party can replace the lawyer at any time. The replacement of Commissioner Fidei is the one that takes place when the replaced person is to receive the inheritance only after the first legatee and must therefore receive the thing left from the hands of the latter, for example, I provide Peter, my heir, and I ask him to hand over my estate to Paul upon his death. Practice in a law firm. From a legal point of view, the right of substitution is a legal right of all parties, with the exception of the State. It is the right to change the president of the court with or without giving reasons. In the event that a creditor of the obligation demands the entire debt of one of the guarantors, that guarantor has the right to be replaced in his place and to decide on his rights and titles as if he were a buyer, either against the principal or against his guarantees.

SUBSTITUTION, law firm practice. This occurs in the event that one creditor has a lien on two different parcels of land and another creditor has a subsequent lien on only one of the parcels and the previous creditor chooses to have all his claim on the property over which the subsequent creditor assumes his lien; The latter has the right to have the previous privilege assigned to him. 1. Johannes Kap. R. 409; 2 Representative of Hawk 623; 2 Freemasons, R. 342. And in the event that a creditor demands the entire debt of one of the guarantors, this guarantor has the right to be replaced in his place and to assign his rights and titles as if he were a buyer, either against the principal or against his guarantors. No. 413; 1 Paiges R.

185; 7 John Ch. Rep. 211; 10 Watt, R. 148. (2) A guarantee for the settlement of the claim has the right to take the place of the creditor and to be transferred to all his rights against the customer. 2. Johannes Kap. R. 454 4.

John Chap. R. 123; 1. R. hrsg. 164; 7 John R. 584; 3 Paiges R. 117; 2 Appeal, R. 125; 2 Yerg. R.

346; 1 Gill and John. 346; 6 Margin. R. 98,; 8 watts, R. 384. In Pennsylvania, a resolution of the assembly provides that, in all cases where an agent is responsible for conducting a procedure for the recovery of money and, in case of negligence of the obligation, does not collect it, the deposit or security of such agent is obliged to pay the amount of a judgment due to the person paying, as already mentioned, the reasonable interest in such a judgment and the amount due for such a judgment may be recovered on behalf of the plaintiff for the use of that person. Pamphlet Laws, 1828-29, p. 370. Empty 2 Binn.

R. 382 and Remedies. At FindLaw.com, we are proud to be the leading source of free legal information and resources on the Internet. Contact us. FindLaw.com Free and reliable legal information for consumers and lawyers LawInfo.com National Directory of Lawyers and Legal Resources for Consumers The FindLaw Legal Dictionary – free access to more than 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. Replacement without cause must be requested by a judge before the first order. It can therefore be requested in a civil court after complaints and responses have been filed, but before the first decision, often a planning decision for the investigation procedure. In criminal or juvenile courts, the right may be exercised after the indictment or indictment, but before a preliminary hearing. Sometimes the request must be made a certain number of days before the “preparation” or planning order. In civil law.

Put one person in the place of another; In particular, the act of a testator in the appointment of a second legatee or legatee to receive the inheritance either in the event of default of the inheritance or the legatee of origin, or after it. In Scottish law. The counting or designation of heirs in a declaration of ownership. The deputies in one case are the heirs who are appointed one after the other in case of default of others. v. to take over a case from another lawyer, which must be confirmed by a written statement submitted to the court. n. replace a person, in particular the replacement of the lawyer registered in a dispute by another lawyer (or the party acting in propria persona). (See: Representation of the lawyer) The procedure in which one party to a trial is replaced by another.2 min of reading This right rarely has to be exercised by the parties, as judges usually raise the sua sponte bias and withdraw from a case even before a party has been able to be aware of the conflict of interest. Source: Merriam-Webster`s Dictionary of Law ©1996.

Merriam-Webster, Incorporated. Published under license by Merriam-Webster, Incorporated. A procedure by which one party to one action is replaced by another. This may be due to a number of reasons, including the death, incompetence, dismissal or resignation of a person prosecuted in his or her official capacity, etc. Terms and ConditionsPrivacy PolicyClaimerCookiesDo not sell my information The right to a replacement for a valid reason has no limitation in terms of how often it can be requested, so that the parties can exercise the right until they have found a neutral judge. Substitution by a cause can be postponed at any time after a party realizes that there is bias. However, many jurisdictions require that the right be exercised within a certain period of time after the bias has been discovered by a party, otherwise the right is waived, often 30 to 60 days.