substitution


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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 ?
Cardema's wife was part of Duterte Youth's original set of nominees, who simultaneously withdrew their nominations on May 12, a day before the elections, paving the way for Cardema and other new nominees to file for last-minute substitution.
'If the government wants import substitution in targeted sectors,' he argues, 'then these have to be fully supported with sound policies, tariff measures, affordable financing and private sector boosting measures.
3307-A, it statesthat "aparty-list nominee may be substituted only when he dies, or his nomination is withdrawn by the party, or he becomes incapacitated to continue as such, or he withdraws his acceptance to the nomination." "No substitution shall be allowed by reason of withdrawal after the close of polls," it adds.
'The substitution of Ronald Cardema as Duterte Youth nominee has been approved, with one Commissioner dissenting and one abstention,' Comelec Spokesman James B.
In view of the prediction of electric energy substitution potential, domestic scholars have proposed many research methods.
The substitution of a player during a match could be understood as a determinant factor to the final result (Bradley, Lago-Penas and Rey, 2014; Del Corral, Barros and Prieto-Rodriguez, 2008; Myers, 2012), and coaches need to be prepared to do it wisely.
The statement reads, 'our attention has been drawn to a ranging news on the social media concerning the substitution of Dr Junaid as the vice presidential candidate of our great party, SDP.
In addition, as noted by Zoya Sigida, according to the order of the Ministry of Health, 146 patients are provided with substitution drugs for self-admission in outpatient settings.
THE move to ban substitutions in added time is another case of the football authorities wielding a sledgehammer to crack a nut.
A statement on UEFA's website reads: An additional substitute will be permitted in the following UEFA competitions (a maximum of three substitutions during normal playing time will still apply) | UEFA Champions League 2018/19 | UEFA Europa League 2018/19 | UEFA Super Cup 2018 | UEFA Women's Champions League 2018/19 | UEFA European Football Championship 2018-20 | UEFA European Women's Championship 2019-21 | UEFA Regions' Cup 2018/19 Meanwhile, UEFA have also announced that they will allow an extra substitution in the UEFA Youth League as well as youth European international football next season, taking the total of potential substitutes to five if matches go into extra-time.
The substitution was approved by the majority (more than 90%) of the noteholders with the terms of the notes remaining unchanged.