ADJUDICATION (Lat. adjudicatio; adjudicare, to award)

This article appears in Volume V01, Page 193 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: ADA-AIZ

ADJUDICATION (Lat. adjudicatio; adjudicare, to award) , generally, a trying or determining of a case by the exercise of judicial power; a judgment. In a more technical sense, in

English

ENGLISH

and American law, an adjudication is an order of the bankruptcy courts by which a debtor is adjudged bankrupt and his property vested in a trustee. It usually proceeds from a

resolution

RESOLUTION

of the creditors or where no composition or

scheme

SCHEME (Lat. schema, Gr. oxfjya, figure, form, from the root axe, seen in exeiv, to have, hold, to be of such shape, form, &c.)

of arrangement has been proposed by the debtor. It may be said to consummate bankruptcy, for not till then does a debtor's property actually vest in a trustee for division among the creditors, though from the first act of bankruptcy till adjudication it is protected by a receiving order. As to the effect which adjudication has on the bankrupt, see under BANKRUPTCY. The same process in Scots law is called sequestration. In Scots law the

term

TERM

" adjudication " has quite a different meaning, being the name of that action by which a creditor attaches the heritable, i.e. the real, estate of his debtor, or his debtor's

heir

HEIR (Lat. heres, from a root meaning to grasp, seen in heres or erus, master of a
house
- HOUSE
- HOUSE (O. Eng. hiss, a word common to Teutonic
  languages
  - LANGUAGES
  , cf. Dut. huis, Ger. Haus; in
  Gothic
  - GOTHIC
  it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)
, Gr. xeip, hand, Sans. hat ana, hand)

, in order to appropriate it to himself either in payment or security of his debt. The

term

TERM

is also applied to a proceeding of the same nature by which the holder of a heritable right, labouring under any defect in point of form, gets that defect supplied by decree of a

court

COURT
COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the
influence
- INFLUENCE (Late Lat. influentia, from influere, to flow in)
of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
COURT, ANTOINE (1696-176o)

.

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