confirmation

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confirmation

noun acceptance, accord, acknowledgment, acquiescence, admission, affirmance, affirmation, approval, assent, assurance, attestation, authentication, authorization, averment, avouchment, certification, corroboration, corroborative statement, declaration, deposition, endorsement, legal pledge, oath, proof, sanction, seal, solemn averment, solemn avowal, solemn declaration, stamp of approval, subscription, support, swearing, validation, verification, visé, warrant
Associated concepts: confirmation of judgment, confirmaaion of sale
Foreign phrases: Non valet confirmatio, nisi ille, qui connirmat, sit in possessione rei vel juris unde fieri debet confirmatio; et eodem modo, misi ille cui confirmatio fit sit in possessione.Confirmation is not valid unless he who confirms is either in possession of the thing itself or of the right of which confirmation is to be made, and, in like manner, unless he to whom confirmation is made is in possession. Confirmatio est nulla ubi donum praecedens est invalidum. Confirmation is a nullity where the preceding gift is invalid. Confirmatio omnes supplet defectus, licet id quod actum est ab initio non valuit. Confirmation supplies all defects, though that which had been done was not valid at the beginning.
See also: acceptance, acknowledgment, admittance, affirmance, affirmation, approval, assent, asseveration, averment, avowal, certainty, certification, charter, collation, confession, consent, contract, corroboration, disclosure, document, documentation, evidence, indorsement, jurat, legalization, license, permit, proof, ratification, recommendation, reference, sanction, subscription, support, surety

confirmation

in the Scots law of succession, the official document that allows the executor to administer the estate. It reproduces the inventory of the estate submitted by the executor. The confirmation includes heritage and is effective throughout the whole of the UK. It affects property outside Scotland if the deceased had been domiciled in Scotland. A simpler form is available for small estates.

CONFIRMATION, contracts, conveyancing. 1. A contract by which that which was voidable, is made firm and unavoidable.
     2. A species of conveyance.
     2. - 1. When a contract has been entered into by a stranger without authority, he in whose name it has been made may, by his own act, confirm it; or if the contract be made by the party himself in an informal and voidable manner, he may in a more formal manner confirm and render it valid; and in that event it will take effect, as between the parties, from the original making. To make a valid confirmation, the party must be apprised of, his rights, and where there has been a fraud in the transaction, he must be award of it, and intend to confirm his contract. Vide 1 Ball & Beatty, 353; 2 Scho. & Lef. 486; 12 Ves. 373; 1 Ves. Jr. 215; Newl. Contr. 496; 1 Atk. 301; 8 Watts. R. 280.
     3. - 2. Lord Coke defines a confirmation of an estate, to be "a conveyance of an estate or right in esse, whereby a voidable estate is made sure and unavoidable; or where a particular estate is increased."
     4. The first part of this definition may be illustrated by the following case, put by Littleton, Sec. 516; where a person lets land to another for the term of his life, who lets the same to another for forty years, by force of which he is in possession; if the lessor for life confirms the estate of the tenant for years by deed, and afterwards the tenant for life dies, during the term; this deed will operate as a confirmation of the term for years.. As to the latter branch of the definition; whenever a confirmation operates by way of increasing the estate, it is similar in every respect to a release that operates by way of enlargement, for there must be privity of estate, and proper words of limitation. The proper technical words of a confirmation are, ratify and confirm; although it is usual and prudent to insert also the words given and granted. Watk. Prin. Convey. chap. vii.
     5. A confirmation does not strengthen a void estate. Confirmatio est nulla, ubi donum precedens est invalidum, et ubi donatio nulla est nec valebit confirmatio. For confirmation may make a voidable or defeasible estate good, but cannot operate on an estate void in law. Co. Litt. 295. The canon law agrees with this rule, and hence the maxim, qui confirmat nihil dat. Toull. Dr. Civ. Fr. liv. 3, t. 3, c. 6, n. 476. Vide Vin. Ab. h.t.; Com. Dig. 11. t.; Ayliffe's Pand. *386; 1 Chit. Pr. 315; 3 Gill & John. 290; 3 Yerg. R. 405; Co. Litt. 295; Gilbert on Ten. 75; 1 Breese's R. 236; 9 Co. 142, a; 2 Bouv. Inst. n. 2067-9.
     6. An infant is said to confirm his acts performed during infancy, when, after coming to full age, be expressly approves of them, or does acts from which such confirmation way be implied. Sec Ratification.

References in periodicals archive ?
Confirmations are the primary source of evidence regarding the existence assertion.
Nevertheless, positive confirmations provide the best audit evidence and, accordingly, should be used whenever practicable.
com is actively seeking more resellers in other countries who would like to offer electronic confirmations in their market.
Negative confirmations provide less persuasive audit evidence than positive confirmations.
Supreme Court nominee, Judge Samuel Alito, listens to questions during the third day of his confirmation hearings.
The church has three sacraments of initiation: Baptism, Confirmation, and Holy Eucharist.
The disparity in age at reception had nothing to do with the availability of a confirming bishop but everything to do with fundamental confusion about what confirmation is all about.
Prominent in Carter's catalog of flaws in a nomination/confirmation system that has produced debacles such as the Robert Bork and Clarence Thomas hearings and the serial executions of the nominations of Zoe Baird, Kimba Wood, and Lani Guinier is the system's current presumption that a presidential nominee should, by and large, be guaranteed Senate confirmation.
STILL currently uses Esker DeliveryWare combined with the Esker on Demand service to automate more than eight business document processes: payslips, order confirmations, supplier payment notices, customer debit notices, long-term rental invoicing, customer account statements, export delivery confirmations and assembly slips.
Until now the process of completing legal confirmations was time consuming for all parties involved.
The transmission or receipt of electronic confirmations or the use of an electronic confirmation process is not precluded by AU section 330.
The Professional Issues Task Force has issued Practice Alert 2003-1, Audit Confirmations, to emphasize the importance of the confirmation process.