Respite Definition in Legal Terms

A deferral is a delay in sentencing, but does not alter a sentence or address issues of due process, guilt or innocence. Nglish: Translation of Restpause for Spanish speakers This definition of breathing space is based on The Cyclopedic Law Dictionary. This entry needs to be proofread. temporary suspension of the enforcement of sentences; breathing space; delay, abstention or extension of the time limit. 4 Rl. Comm. 394; Mischler v. Com., 02 Pa. 55, 1 a.m. Reports 377. Fortdauer. In English practice, it is said that a jury is “pardoned” until the next term. 3 Rl.

Komm. 354. Deferral is an act by which a debtor who is currently unable to meet his debts enters into transactions (compromises) with his creditors and receives from them a delay or a delay to pay the sums due to them. Respite is voluntary or forced. It is voluntary if all creditors accept the debtor`s proposal to pay all or part of the debt within a limited period of time. It is voluntary if some creditors refuse to accept the debtor`s proposal and if the debtor is obliged to force them judicially to accept what the others have determined. in the cases provided for by law. Code civil La.

Arts. 3084, 30S5. These sample phrases are automatically selected from various online information sources to reflect the current use of the word “breathing space.” The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. In the past, the Chairs have granted most deadlines for periods of 30 to 90 days and have renewed (extended) these delays when deemed necessary. [2] The most common public explanations for breathing space were: Search for legal acronyms and/or abbreviations containing Respite in the dictionary of legal abbreviations and acronyms. RESPITE, contracts, civil law. An act by which a debtor who is currently unable to meet its debts enters into transactions (i.e. compromises) with its creditors and obtains from them a delay or deferral to pay the amounts owed to them. Louis. Code, 3051. 2.

The postponement is voluntary or forced; it is voluntary if all creditors accept the debtor`s proposal to settle all or part of its debts within a limited period of time; It is forced if some creditors refuse to accept the debtor`s proposal and if the debtor is obliged to force them judicially to accept what the others have determined in the cases provided for by law. No. 3052; Poth. Process. Civ. Part 5, Chapter 3. 3. In Pennsylvania, there is a provision in the Bankruptcy Act of June 16, 1836, at p. 41, similar to involuntary deferral. It is decided that whenever a majority in number and value of the creditors of a bankrupt reside in the United States, as set forth above, or is consented to in writing there, it is lawful of the court from which the insolvency was discharged at the request of that debtor and shall be notified thereof in the manner provided above for the notification of its original application, order that property and instruments that the bankrupt may subsequently acquire be exempt from enforcement for a period of seven years in respect of all debts or causes of action incurred before such discharge of such debt, and where, following such order and consent, enforcement is ordered in respect of such debt or cause of action; It is the responsibility of each judge of the court that ordered the execution to cancel it for a fee.

4. A breathing space also means a delay, tolerance or continuation of time. The pardon power under the U.S. Constitution has been interpreted broadly to include various specific powers. These powers include: pardons, conditional pardons, commutation of sentence, conditional commutations, fines and forfeiture, pardons and amnesties. [1] It is first known that relimitation was used at the turn of the 14th century to refer to a delay or extension requested or granted for a specific reason – for example, to give someone time to discuss a proposal. Such breathing space provided the opportunity for the kind of reflection inherent in the etymology of the word. Respite follows the Latin term respectus (also the source of the English respect), which comes from respicere, a verb with both concrete and abstract meanings: “to turn to look” or “to contemplate”. A few decades after its first known use, English speakers had granted a respite that we use most often today – “a welcome break”. According to the Office of the Pardon Prosecutor, presidents have used respite to varying degrees, although, as with any other form of executive pardon, there has been a general decline since 1900.

[4] The pardon lawyer published data on respite in some jurisdictions. [5] More recently, Bill Clinton delayed the execution of Juan Garza to complete an ongoing study on the bias of the federal death penalty system. [6]. REPIT, crim. Law. A suspension of a sentence to be served at a later date. This is different from a pardon, which lies in the abolition of crime. See Abolition; Forgive. Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary.

Browse or search for Respite in the American Encyclopedia of Law, Asian Encyclopedia of Law, European Encyclopedia of Law, UK Encyclopedia of Law, or Latin American and Spanish Encyclopedia of Law. A breathing space also means a delay, tolerance or continuation of time. Respite is the act of forgiveness; Deferral or remission of penalties. It is tolerance and compassion that a person or authority demonstrates towards offenders that is vested with authority.