Legal Definitions - instar

Instar is a historical legal term referring to something that serves as the likeness or equivalent of another thing. It implies that one item, action, or concept is considered to be as good as, or to stand in the place of, something else, often for legal or practical purposes, even if not identical.

Here are some examples illustrating the concept of instar:

• Symbolic Transfer of Land: In historical property law, the formal transfer of land often required a physical act known as "livery of seisin." However, sometimes a symbolic act was accepted as its equivalent. For instance, a feudal lord might hand over a small clod of earth or a twig from the land to a new tenant. This small object was considered instar the actual delivery of the entire estate, legally signifying the transfer of possession and ownership.

• A Seal as a Signature: In periods before widespread literacy, or for documents requiring high formality, a personal seal often carried significant legal weight. A unique wax seal, affixed to a legal document such as a charter or a will, could be considered instar the signatory's personal mark or even their full signature. The seal served as the recognized equivalent of the individual's assent and identity, binding them to the document's contents.

• A Pledge as Security for Debt: In ancient and medieval legal systems, a physical object might be given as a guarantee for a debt or promise. If a person borrowed money and, lacking other forms of collateral, offered a valuable piece of jewelry or a specific tool as a pledge, that item was held instar the repayment itself. It represented a tangible equivalent of the borrower's commitment to fulfill the debt, to be forfeited if the obligation was not met.