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Encyclopedia Britannica



JOINT (through Fr. from Lat. junctum, jungere, to join)

This article appears in Volume V15, Page 483 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: JEE-JUN
JOINT (through Fr. from Lat. junctum, jungere, to join) , that which joins two parts together or the
place
  where two parts are joined. (See
JOINERY
 ;
JOINTS
 .) In law, the word is used adjectivally as a
term
  applied to obligations, estates, &c., implying that the rights in question relate to the aggregate of the parties joined. Obligations to which several are parties may be several, i.e enforceable against each independently of the others, or
joint
 , i.e. enforceable only against all of them taken together, or
joint
  and several, i.e. enforceable against each or all at the
option
  of the claimant (see GUARANTEE). So an
interest
  or estate given to two or more persons for their joint lives continues only so
long
  as all the lives are in existence. Joint-tenants are co-owners who take together at the same time, by the same
title
 , and without any difference in the quality or extent of their respective interests; and when one of the joint-tenants dies his share, instead of going to his own heirs, lapses to his co-tenants by survivorship. This estate is therefore to be carefully distinguished from tenancy in common, when the co-tenants have each a
separate
 
interest
  which on death passes to the heirs and not to the surviving tenants. When several take an estate together any words or facts implying severance will prevent the tenancy from being construed as joint.


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