Public-domain · open source
OpenJurist

Delegation

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

civil law. It is a kind of novation, by which the original debtor, in order to be liberated from his creditor, gives him a third person, who becomes obliged in his stead to the creditor, or to the person appointed by him. It results from this definition that a delegation is made by the concurrence of three parties, and that there may be a fourth. There must be a concurrence, 1, Of the party delegating, that is, the ancient debtor, who procures another debtor in his stead; 2, Of the party delegated, who enters into the obligation in the place of the ancient debtor, either to the creditor or to some other person appointed by him; 38, Of the creditor, who, in consequence of the obligation contracted by the party delegated, discharges the party delegating. Sometimes there intervenes a fourth party, namely, the person indicated by the creditor in whose favour the person delegated becomes obliged, upon the indication of the creditor, and by the order of the person delegating.

Poth. Ob. part 3,c. 2, art. 6.

See Louis. code, 2188, 2189. some business, in an assembly having the power to act in relation toit. In deliberative assemblies, it is presumed that each member will listen to the opinions and arguments of the others before he arrives at a conclusion.