| 释义 |
abatement
n. 1. (of debts) The proportionate reduction in the payment of debts that takes place if a person’s assets are insufficient to settle with his creditors in full. 2. (of legacies) The reduction or cancellation of legacies when a solvent estate is insufficient to cover all the legacies provided for in the will or on intestacy after payment of the deceased’s debts. The Administration of Estates Act 1925 (sch 1 pt II) provides that general legacies, unless given to satisfy a debt, abate in proportion to the amounts of those legacies; specific and demonstrative legacies then abate if the estate is still insufficient to pay all debts, and a demonstrative legacy also abates if the specified fund is insufficient to cover it. For example, A’s estate may comprise a painting, £3,000 in his savings account, and £7,000 in other money; there are debts of £1,000 but his will leaves the painting to B, £5,000 from the savings account to C, £8,000 to D, and £2,000 to E. B will receive the painting, C’s demonstrative legacy abates to £3,000, and after the debts are paid from the remaining £7,000, D’s and E’s general legacies abate proportionately, to £4,800 and £1,200 respectively. When annuities are given by the will, the general rule is that they are valued at the date of the testator’s death, then abate proportionately in accordance with that valuation, and each annuitant receives the abated sum. All these rules are subject to any contrary intention being expressed in the will. 3. (in land law) Any reduction or cancellation of money payable. For example a lease may provide for an abatement of rent in certain circumstances, e.g. if the building is destroyed by fire, and a purchaser of land may claim an abatement of the price if the seller can prove his ownership of only part of the land he contracted to sell. 4. (of nuisances) The termination, removal, or destruction of a nuisance. A person injured by a nuisance has a right to abate it. In doing so, he must not do more damage than is necessary and, if removal of the nuisance requires entry on to the property from which it emanates, he will generally have to give notice to the wrongdoer. A local authority can issue an abatement notice to control statutory nuisances. 5. (of proceedings) Formerly, the termination of civil proceedings by operation of law, caused by a change of interest or status (e.g. bankruptcy or death) of one of the parties after the start but before the completion of the proceedings. An abatement did not prevent either of the parties from bringing fresh proceedings in respect of the same cause of action. Pleas in abatement have been abolished; in modern practice any change of interest or status of the parties does not affect the validity of the proceedings, provided that the cause of action survives. |