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Such a condition does not apply to a second marriage.When a legacy is given with a condition annexed to the bequest, requiring the consent of executors to the marriage of the legatee and under such consent being given, a mutual attachment has been suffered to grow up, it would be rather late to state terms and conditions on which a marriage between the parties should take place unless such consent was obtained by deceit or fraud.Implied, when it is manifested by signs, actions or facts, or by inaction or silence which raise a presumption that the consent has been given.Express, when it is given viva voce or in writing.
#Judicial consent definition free#
A serious, determined, and free use of these powers.
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ConsentĪn agreement to something proposed, and differs from assent. This is a real contract in the sense of the civil law. On the contrary, on a loan there is no action by the lender or borrower, although there may have been consent, until the thing is delivered or the money counted. The contract of sale among civilians is an example of a consensual contract, because the moment there is an agreement between the seller and the buyer as to the thing and the price, the vendor and the purchaser have reciprocal actions.
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This word is applied to designate one species of contract known in the civil laws these contracts derive their name from the consent of the parties which is required in their formation, as they cannot exist without such consent.