Exchange

Exchange in United States

Exchange Definition

In Commercial Law. A negotiation by which one person transfers to another funds which he has in a certain place, either at a price agreed upon, or which is iixed by commercial usage. This transfer is made by means of an instrument which represents such funds, and is well known by the name of a “bill of exchange.” The price above the par value of the funds so transferred is called the “premium” of exchange, and if under that value the difference is called the “discount”; either being called the “rate” of exchange. The rate of exchange, the difference in value of the same amount of money in different places, is sometimes known as “exchange.” Of Property. An exchange of chattels is a transfer thereof for other chattels. This is commonly called “barter.” Exchange of real estate is a mutual grant of equal interests in land, the one in consideration of the other. 2 Bl. Comm. 323; Litt. 62; Shep. Touch. 289; Watk. Conv. It is said that exchange in the United States does not differ from bargain and sale. 2 Bouv. Inst, note 2055, At Common Law. Five circumstances are necessary to an exchange: That the estates given be equal; that the word excambium, or exchange, be used, which cannot be supplied by any other words, or described by circumlocution; that there be an execution by entry or claim in the life of the parties; that, if it be of things which lie in grant, it be by deed; that, if the lands lie in several counties, or if the things lie in grant, though they be in one county, it be by deed indented. In practice this mode of conveyancing is nearly obsolete. See Cruise, Dig. tit. 32; Comyn, Dig.; Co. Litt. 51; 1 Washb. Real Prop. 159; Hardin (Ky.) 593; 1 N. H. 65; 3 Har. & J. (Md.) 361; 3 Wils. 489; Watk. Conv. bk. 2, c. 5; 3 Wood, Conv. 243.

Exchange in Foreign Legal Encyclopedias

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Exchange Exchange in the European Legal Encyclopedia.
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Exchange Exchange in the Family Law Portal of the American Encyclopedia of Law.
Exchange Exchange in the IP Portal of the American Encyclopedia of Law.
Exchange Exchange in the Commercial Law Portal of the American Encyclopedia of Law.
Exchange Exchange in the Criminal Law Portal of the American Encyclopedia of Law.
Exchange Exchange in the Antritrust Portal of the American Encyclopedia of Law.
Exchange Exchange in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Exchange Exchange in the Constitutional Law Portal of the American Encyclopedia of Law.
Exchange Exchange in the Tax Law Portal of the American Encyclopedia of Law.
Exchange Exchange in the and Finance and Banking Portal of the American Encyclopedia of Law.
Exchange Exchange in the Employment and Labor Portal of the American Encyclopedia of Law.
Exchange Exchange in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Exchange Exchange in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

In Commercial Law. A negotiation by which one person transfers to another funds which he has in a certain place, either at a price agreed upon, or which is iixed by commercial usage. This transfer is made by means of an instrument which represents such funds, and is well known by the name of a “bill of exchange.” The price above the par value of the funds so transferred is called the “premium” of exchange, and if under that value the difference is called the “discount”; either being called the “rate” of exchange. The rate of exchange, the difference in value of the same amount of money in different places, is sometimes known as “exchange.” Of Property. An exchange of chattels is a transfer thereof for other chattels. This is commonly called “barter.” Exchange of real estate is a mutual grant of equal interests in land, the one in consideration of the other. 2 Bl. Comm. 323; Litt. 62; Shep. Touch. 289; Watk. Conv. It is said that exchange in the United States does not differ from bargain and sale. 2 Bouv. Inst, note 2055, At Common Law. Five circumstances are necessary to an exchange: That the estates given be equal; that the word excambium, or exchange, be used, which cannot be supplied by any other words, or described by circumlocution; that there be an execution by entry or claim in the life of the parties; that, if it be of things which lie in grant, it be by deed; that, if the lands lie in several counties, or if the things lie in grant, though they be in one county, it be by deed indented. In practice this mode of conveyancing is nearly obsolete. See Cruise, Dig. tit. 32; Comyn, Dig.; Co. Litt. 51; 1 Washb. Real Prop. 159; Hardin (Ky.) 593; 1 N. H. 65; 3 Har. & J. (Md.) 361; 3 Wils. 489; Watk. Conv. bk. 2, c. 5; 3 Wood, Conv. 243.

Notice

This definition of Exchange is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Concept of Exchange in Health Insurance Law

In this context, the following is a definition of Exchange: PPACA creates new “American Health Benefit Exchanges” in each state to assist individuals and small businesses in comparing and purchasing qualified health insurance plans. Exchanges will also determine who qualifies for subsidies and ma
ke subsidy payments to insurers on behalf of individuals receiving them. They will also accept applications for other health coverage programs such as Medicaid and CHIP.

Concept of Canadian Data Exchange in Foreign Trade

A definition of Canadian Data Exchange in relation with foreign trade is provided here: The data for U.S. exports to Canada are derived from import data compiled by Canada.


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