executory
Definition
- Adjective (Law):
- Relating to something that is not yet fully performed or carried out: "executory" describes a contract, agreement, or obligation that has been made but whose terms have not yet been fully executed or completed. It refers to future performance rather than present or past action.
Usage Examples
- Adjective:
- The court ruled that the lease was executory because the tenant had not yet paid the full rent. (The lease's terms were not yet fully performed.)
- In bankruptcy law, an executory contract requires both parties to still have obligations to fulfill. (A contract where duties remain unperformed.)
- The agreement remained executory until all conditions were met by the buyer. (The contract was pending full completion.)
Advanced Usage
"Executory interest": In property law, a future interest in land that is created by a conveyance but depends on a condition or event.
- The donor created an executory interest in the estate, which would take effect only if the beneficiary completed her education. (A future property right contingent on an event.)
"Executory process": A legal procedure in some jurisdictions (e.g., Louisiana) for enforcing obligations without full trial, based on a notarial act.
- The creditor used executory process to seize the debtor's assets quickly. (A summary legal proceeding.)
Variants and Related Words
Execute (verb): to carry out or perform a task, plan, or legal document.
- The lawyer executed the will on behalf of the client. (Performed the legal act of signing.)
Execution (noun): the act of carrying out or performing something; also, the enforcement of a legal judgment.
- The execution of the contract required both signatures. (The completion of the contract.)
Executrix (noun): a female executor of a will.
- She served as executrix of her aunt's estate. (The woman appointed to carry out the will.)
Synonyms
- Unperformed: not yet carried out or completed.
- Pending: awaiting completion or decision.
- Contingent: dependent on future events or conditions.
Related Idioms
Executory contract: A legal term used in bankruptcy and property law.
- The judge decided the lease was an executory contract, so the tenant could reject it. (A contract with unperformed duties on both sides.)
Executory bequest: A gift in a will that is conditional on a future event.
- The executory bequest of the house required the recipient to live there for five years. (A conditional inheritance.)