A cyrographum, also known as a chirograph, is a handwritten legal document, typically a signed and witnessed deed. Occasionally, a cyrographum is divided into two parts, with each party retaining one part. This was achieved by cutting the parchment in a manner that left half of a word on each section. In earlier times, deeds were briefer and more succinct, making this practice commonplace.
A cyrographum, also known as a chirograph, is a handwritten instrument or written deed that is subscribed and witnessed in Law Latin. In the past, deeds were often written on the same piece of parchment, with a word or letters of the alphabet written between them. The parchment would then be cut in a straight or indented line, dividing the word or letters between the two parts. This type of deed was referred to as a syngrapha by canonists and as chirographa or hand-writings in English. For instance, a cyrographum could be a signed and witnessed written agreement between two parties. It could also be a deed that is split into two parts, with each party keeping one part. These examples demonstrate that a cyrographum is a handwritten instrument or written deed that is subscribed and witnessed. It can also refer to a deed that is divided into two parts, with each party retaining one part.
A cyrographum is a legal term referring to a written agreement or contract that has been executed in duplicate, with both copies being identical and containing the same terms and conditions.
Yes, a cyrographum is legally binding as long as it meets the requirements for a valid contract, such as offer, acceptance, consideration, and intention to create legal relations.
Yes, a cyrographum can be enforced in court if one party breaches the terms of the agreement. The injured party can file a lawsuit seeking specific performance, damages, or other appropriate remedies.
Yes, a cyrographum can be modified or amended if both parties agree to the changes and execute a new cyrographum reflecting the modifications. It is important to ensure that any modifications are properly documented and signed by all parties involved.
Yes, a cyrographum can be canceled or terminated if both parties agree to do so. Alternatively, certain circumstances, such as a breach of contract or the occurrence of a specified event, may allow for the termination of the cyrographum.
In general, a cyrographum cannot be transferred or assigned to another party without the consent of all parties involved. However, certain contracts may contain provisions allowing for assignment or transfer under specific conditions.
If a cyrographum is lost or destroyed, it may pose challenges in terms of proving the existence and terms of the agreement. It is advisable to keep multiple copies of the cyrographum and consider storing them in a secure location or using electronic backups.
No, a cyrographum cannot be enforced if it contains illegal provisions. Courts will generally refuse to enforce contracts that involve illegal activities or violate public policy.
If a cyrographum contains ambiguous terms, it may lead to disputes between the parties. In such cases, courts will interpret the contract based on the intentions of the parties and the surrounding circumstances. It is advisable to ensure that the terms of the cyrographum are clear and unambiguous to avoid potential conflicts.
If one party was coerced or under duress at the time of executing the cyrographum, it may render the agreement voidable. The affected party may have the option to rescind the contract or seek legal remedies for the coercion or duress.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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