| 翻訳と辞書 |
Penal bond
A penal bond is a written instrument executed between an obligor and an obligee designed to secure the performance of a legal obligation through the ''in terrorem'' effect of the threat of a penalty for nonperformance.
== Types of Bonds ==
At its simplest, a bond need only state who is to be paid, what sum, when, and where (for example: "'Know all men etc. that I, ''AB'', am firmly bound to ''CD'' in ()''n'' to be paid at Michaelmas next following'").〔J.H. Baker, An Introduction to English Legal History, 323 (4th ed. 2002)〕 At common law, these bonds were nearly impossible to contest from the perspective of the obligor (the debtor).〔Edith G. Henderson, "Relief from Bonds in the English Chancery: Mid-Sixteenth Century," 18 Am. J. Legal Hist. 298, 300 (1974).〕 A simple bond can properly be considered a penal bond if it calls for the payment of a sum that is punitive in relation to the damages that would be caused by nonperformance.
Historically, the most significant type of penal bond was the penal bond with conditional defeasance. A penal bond with conditional defeasance combined in one document the bond (the promise to pay a specified amount of money) with the contractual obligation. It did this in what the historian Brian Simpson called a ‘topsy-turvy’ fashion by printing the bond on the front of the document and the condition, whose performance by the obligor would render the bond void (referred to as the indenture of defeasance), on the back.〔Biancalana, Joseph, “The Development of the Penal Bond with Conditional Defeasance,” 26 J. Legal His. 103 (2005).〕
At early common law, the penal obligations of bonds were enforced through an action of debt which was concerned with that penal obligation rather than the underlying agreement.〔Baker, at 324〕 In this sense, the enforcement of bonds in the period preceding the modern simplification of pleading was not concerned with contracts principles at all; rather, the enforcement of bonds was a question of "the law of deeds and conditions." 〔Id.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Penal bond」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|