Revival

Revival in United States

Revival Definition

Of Contracts. An agreement to renew the legal obligation of a just debt after it has been barred by the act of limitation or lapse of time is called its “revival.” Of Judgment. At common law, the act by which a judgment which has lain dormant or without any action upon it for a year and a day is again restored to its original force. When a judgment is more than a day and a year old, no execution can issue upon it at common law; but till it has been paid, or the presumption arises from lapse of time that it has been satisfied, it may be revived and have all its original force, which was merely suspended. This may be done by a scire facias, or an action of debt on the judgment. See “Scire Facias.” Where the common-law rule is not in force, the bringing of suit on a judgment to prevent the bar of the statute of limitations is termed “revival.” Of Action. The continuation of an action which has abated by the death or disability of a party, or a transfer of the cause of action. At common law, this was effected by a bill in equity (see “Bill of Revivor”), but in most of the states, a proceeding on application to the court in which the action was pending has been substituted.

Revival in Foreign Legal Encyclopedias

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Revival Revival in the World Legal Encyclopedia.
Revival Revival in the European Legal Encyclopedia.
Revival Revival in the Asian Legal Encyclopedia.
Revival Revival in the UK Legal Encyclopedia.
Revival Revival in the Australian Legal Encyclopedia.

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Browse the American Encyclopedia of Law for Revival

Scan Revival in the appropriate area of law:

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

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Legal Issue for Attorneys

Of Contracts. An agreement to renew the legal obligation of a just debt after it has been barred by the act of limitation or lapse of time is called its “revival.” Of Judgment. At common law, the act by which a judgment which has lain dormant or without any action upon it for a year and a day is again restored to its original force. When a judgment is more than a day and a year old, no execution can issue upon it at common law; but till it has been paid, or the presumption arises from lapse of time that it has been satisfied, it may be revived and have all its original force, which was merely suspended. This may be done by a scire facias, or an action of debt on the judgment. See “Scire Facias.” Where the common-law rule is not in force, the bringing of suit on a judgment to prevent the bar of the statute of limitations is termed “revival.” Of Action. The continuation of an action which has abated by the death or disability of a party, or a transfer of the cause of action. At common law, this was effected by a bill in equity (see “Bill of Revivor”), but in most of the states, a proceeding on application to the court in which the action was pending has been substituted.

Notice

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


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