substitution

(redirected from substitutionary)
Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia.

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 ?
4) However, after interrogating the true basis for the 'market rule' of assessment, it is concluded that Gageler J's reasoning cannot be supported because it ignores the critical distinction between substitutionary and compensatory money awards in this context.
Finally, Milton explains how the Arian Christ which Chaplin finds inimical to substitutionary atonement effects precisely just such an atonement that for most of Milton's contemporaries required full Godhead.
Taxes on gambling activities should also be lower if they have complementary effects on other industries, and higher if they have substitutionary effects.
That's why he believes penal substitutionary atonement is essential.
2000), the substitutionary relationship tends to take place if horizontal OFDI occurs between countries that are similar in terms of relative endowments and size and when trade costs are moderate to high.
While the lessons might lead some to other kinds of atonement understandings, the most popular of which is the theory of substitutionary atonement (Jesus takes the punishment that we deserve), none of these are finally as satisfying as the understanding that we find God precisely where God cannot be, in our own weakness and death.
A: This is the same crowd that takes pleasure at blaspheming Jesus Christ and the Virgin Mary, and the substitutionary atonement of Christ at Calvary in the orthodox Christian understanding.
Laycock's thesis is that the fundamental choice is between substitutionary and specific remedies, not law and equity.
At the end, they suggested a few codified plans for reviving the region to be accomplished with the legal requisites and substitutionary policies.
Vicarious substitutionary atonement means that Christ dies "in our place.
According to Austin, the usual model views authority as substitutionary, needed only when things are not going well.
Within a generation of Jesus' death, substitutionary atonement appeared as a possible explanation.