Definition of RESOLUTION


RESOLUTION

Civil law. The act by which a contract which existed
and was good, is rendered null.


2. Resolution differs essentially from rescission. The former
presupposes the contract to have been valid, and it is owing to a cause
posterior to the agreement that the resolution takes place; while rescission,
on the contrary, supposes that some vice or defect annulled the contract from
the beginning. Resolution may be by consent of the parties or by the decision
of a competent tribunal; rescission must always be by the judgment of a court.
7 Troplong, de la Vente, n. 689; 7 Toull. 551; Dall. Dict. h. t.




Source: Bouviers Law Dictionary 1856 Edition

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