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What is executory judgment?

Updated: 4/30/2024
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13y ago

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One in which the Court declares the respective rights of the parties, and then proceeds to order the defendant to act in a certain way e.g. to pay damages or to refrain from interfering with the plaintiff's rights.

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13y ago
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3d ago

An executory judgment is a court-issued ruling that has not yet been fully carried out or satisfied. It means that the court's decision has not been completed and that further action is required to fully enforce or execute the judgment.

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9y ago

An execution of judgement is the legal process of enforcing a judgement.

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When a contract is executory?

A contract that has not yet been fully performed by the parties is called an executory contract.


Trusts and Estates: Estates and Executory Interests?

Becoming knowledgeable about estate planning can help anyone. Whether one is a client or attorney, estate planning is a complex field and getting one term wrong can be a mistake worth millions of dollars. It is incredibly important to learn all one can about the business of estate planning and apply that knowledge to one’s own situation. It is important to thoroughly understand executory interests within the field of estate planning. An executory interest is a future interest that follows a determinable estate. An executory interest is a future interest in a grantee, not the grantor. When a future interest follows a determinable estate and is in the grantor, then that is called a possibility of reverter. When estate planning, clients often want to add more than one future interest to an estate. This is not a difficult task to do, even though it may seem like it could become a complex ordeal. One usually treats this sort of situation with the same analysis that goes into creating ordinary estates. It is very beneficial to understand the difference between shifting executory interests and springing executory interests. To start with definitions, shifting executory interests are defined as interests that follow an estate in a grantee. Springing executory interests divest an estate in the grantor. An example of a shifting executory interest can be found in the following language: A to B, provided that if B ever allows (xyz to occur), then to C. In this example, we can see many things going on. First, B has a possessory estate in fee simple. Recall that a fee simple is a type of possessory estate that has no inherent ending and is the largest type of possessory estate. Next, it can be seen that B’s fee simple is subject to an executory limitation. Because B’s fee simple is subject to an executory limitation, C’s future interest is an executory interest. Since the interest would divest B as a grantee, then it is a shifting executory interest. Now it is important to consider a springing executory interest. A springing executory interest always divests the grantor, not the grantee. An example of a springing executory interest can be found in the following language: A to B when he turns 21. In this case, A has a possessory estate in fee simple. The executory interest can be found in B. Overall, these concepts are important to know for creating precise estate plans with executory interests.


What is A contract in which something remains to be done by one or more of the parties?

executory contract


On a bankruptcy filing form schedule g what does it mean exec contracts?

An executory contract is one which is to be performed in the future and for which the debtor will be paid when it is performed. If a contractor has a signed agreement to build a house for someone next year, that is an executory contract.


Can an executory contract be rescind?

Yes!. If there is a written expiration period or naturally 30 days if not executed


True or false an executory contract is one that has been fully performed by all parties?

false


Do reciprocal promises in an executory contract constitute sufficient consideration?

lol no read your text book :P


Can you distinguished Contract of Sale from contract to sell?

Contract to sell is an executory contract while contract of sale is an executed contract.


Consideration may be executory or executed but it must not be pastDicuss and illustrate your answer with various case laws?

Executed and executory consideration is enforced by the common law courts but a past consideration is not. This is because a past consideration arises where the work is done before the obligation or offer to pay is made. See the case of EASTWOOD VRS KENYON.


Who is the grantor in an abstract of judgment?

In an abstract judgment the grantor is the judgment creditor. The grantee of the abstract judgment is the judgment debtor.


Understanding Trust Lawyers?

When seeking to hire a lawyer specializing in trusts and estates, it is crucial that the lawyer have a thorough understanding of concepts such as remainders and executory interests. Before meeting with a trust attorney, it is often a good idea to come up with a simple list of questions to test the knowledge of the attorney. Simply ask questions involving remainders and executory interests, to see if an attorney really has the expertise to handle one’s own estate. This article will discuss the knowledge a client should know about remainders and executory interests before meeting with a lawyer. There are many key concepts to know, when it comes to remainders. First, it is important to understand that a remainder follows an limited estate if it is a life estate, term of years, or fee tail. A fee simple will never include a remainder. Another point to consider involves future interests and remainders. If an inherently limited estate also contains an added limitation, then the grantee’s future interest that follows will still be a remainder. In that scenario, there would not be both an executory interest and a remainder. Rather, because the remainder is the larger interest out of the two, the remainder would be considered to include the executory interest. A remainder will be considered contingent if it is transferred to an unascertained taker. An unascertained person is someone that is unidentified, not yet born, or not alive. Also, the heirs of a living person are not considered as being ascertained. A person’s widow, widower, or devisees are also not considered to be ascertained. In a trust, if a human cannot be specifically pinpointed as entitled to a remainder, then a remainder-holder can not yet be identified in that scenario. Lastly, a remainder with a condition precedent is considered to be contingent. Now, it is also important to discuss executory interests so one has a knowledge of this subject matter before meeting with an estate attorney. An executory interest is considered to be held by a grantee and follows an estate that may end early. The estate may end early due to a condition that is added to its description or by a condition within the description of the executory interest following it. Also, executory interests are either considered to be springing or shifting. Overall, these terms are crucial to know before meeting with an estate attorney. The more informed one is, the better estate planning one can engage in.


Can they seize your property in a different state from were the judgment was made?

For a state court judgment, no.For a state court judgment, no.For a state court judgment, no.For a state court judgment, no.