substitution


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Related to substitution: Substitution method, substitution effect, substitution mutation

substitution

n. putting one person in place of another, in particular replacement of the attorney of record in a lawsuit with another attorney (or the party acting in propria persona). (See: substitution of attorney)

See: contribution, cover, devolution, exchange, indemnification, novation, preemption, proxy, recompense, replacement, representation, representative, stopgap, subrogation, substitute, succedaneum

SUBSTITUTION, civil law. In the law of devises, it is the putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy.
     2. It is a species of subrogation made in two different ways; the first is direct substitution, and the latter a trust or fidei commissary substitution. The first or direct substitution, is merely the institution of a second legatee, in case the first should be either incapable or unwilling to accept the legacy; for example, if a testator should give to Peter his estate, but in case he cannot legally receive it, or he willfully refuses it, then I give it to Paul; this is a direct substitution. Fidei commissary substitution is that which takes place when the person substituted is not to receive the legacy until after the first legatee, and consequently must receive the thing bequeathed from the hands of the latter for example, I institute Peter my heir, and I request that at his death he shall deliver my succession to Paul. Merl. Repert. h.t.; 5 Toull. 14.

SUBSTITUTION, chancery practice. This takes place in a case where a creditor has a lien on two different parcels of land, and another creditor has a subsequent lien on one only of the parcels, and the prior creditor elects to have his whole demand out of the parcel of land on which the subsequent creditor takes his lien; the latter is entitled, by way of substitution, to have the prior lien assigned to him for his benefit. 1 Johns. Ch. R. 409; 2 Hawk's Rep. 623; 2 Mason, R. 342. And in a case where a bond creditor exacts the whole of the debt from one of the sureties, that surety is entitled to be substituted in his place, and to a cession of his rights and securities, as if be were a purchaser, either against the principal or his co-sureties. Id. 413; 1 Paige's R. 185; 7 John. Ch. Rep. 211; 10 Watts, R. 148.
     2. A surety on paying the debt is entitled to stand in the place of the creditor and to be subrogated to all his rights against the principal. 2 Johns. Ch. R. 454. 4 Johns. Ch. R. 123; 1 Edw. R. 164; 7 John. R. 584; 3 Paige's R. 117; 2 Call, R. 125; 2 Yerg. R. 346; 1 Gill & John. 346; 6 Rand. R. 98,; 8 Watts, R. 384. In Pennsylvania it is provided by act of assembly, that in all cases where a constable shall be entrusted with the execution of any process for the collection of money, and by neglect of duty shall fail to collect the same, by means whereof the bail or security of such constable shall be compelled to pay the amount of any judgment shall vest in the person paying, as aforesaid, the equitable interest in such judgment, and the amount due upon any such judgment may be collected in the name of the plaintiff for the use of such person. Pamphlet Laws, 1828-29, p. 370. Vide 2 Binn. R. 382, and Subrogation.

References in periodicals archive ?
SUBSTITUTION 61 mins: Rajiv van La Parra is replaced by James Henry.
The import substitution objectives are achieved, for instance, by establishing technology partnerships with Russian producers of oil and gas equipment.
In eleven countries, ASBM has asked the physicians who routinely prescribe these medicines to weigh in on automatic substitution, and in every country surveyed, the response has been widespread opposition" Murby said.
For this study, Professor Derek Smith from the University of Cambridge, one of the two leaders of the research, together with Professor Ron Fouchier from Erasmus Medical Center in The Netherlands created viruses which had a variety of amino acid substitutions as well as different combinations of amino acid substitutions.
The best substitution model for the datasets was determined using jModelTest (29-30), which was then used to prepare the trees.
In his PhD thesis, Dr Al Ameri asserted that many healthcare providers in the world have been promoting drug substitution in an attempt to contain their costs, under the presumption that generic drugs are not inferior to the more expensive branded medicines, "and the premise that any saving that does not compromise the quality of care is essentially appropriate.
Confusion reigned following yesterday's stirring win for the Connacht champions as manager James Horan made a total of eight substitutions over the course of the game, yet it emerged afterwards that no rule had been broken.
The MOEA will first pinpoint industries suitable for import substitution and then roll out effective policy assisting measures.
Additionally, a mixed solution of THF and DMSO with various mixing ratios was examined as a solvent for the substitution of CI in PVC with SCN.
Drug interchanges made as a result of either periodic suggestions from consultant pharmacists or one-off drug substitution agreements attempted to address the financial challenge of keeping facility costs down.
The borrower also has the choice of selling the original property and having the qualified purchaser assume the original loan, if that seller does not want or need to use the Asset Substitution aspect of the loan.
Therefore, to discriminate between oseltamivir-sensitive and oseltamivir-resistant strains, we developed a simple method, based on PCR, which takes advantage of the H274Y substitution.