Legal Definitions - nominate

In legal contexts, particularly within civil law systems, nominate describes something that has a specific name and is explicitly recognized and defined by law. This means its characteristics, requirements, and legal effects are generally outlined in statutes or codes, distinguishing it from unnamed or "innominate" legal arrangements.

Here are some examples:

• Imagine you are purchasing a house in a country that follows a civil law system. The agreement you sign with the seller is not just any general agreement; it is specifically a contract of sale. This is a nominate contract because the civil code of that country will have detailed provisions specifically defining what a contract of sale is, the obligations of the buyer and seller, how ownership is transferred, and what remedies are available if one party breaches the agreement. The law gives this type of agreement a special name and a predefined legal framework.

• Consider a situation where a business owner in a civil law jurisdiction wants to secure a loan by offering their commercial property as collateral. They would likely enter into a mortgage agreement. A mortgage is a nominatesecurity interest because its legal definition, the process for its creation, its effects on the property, and the procedures for its enforcement are all specifically named and detailed within the country's civil code or related statutes. It is not an informal, unnamed arrangement but a legally recognized and structured instrument.

• Suppose a group of individuals decides to form a company in a civil law country. They might choose to establish a limited liability company (or its equivalent, such as a *Société à responsabilité limitée* in France or a *Gesellschaft mit beschränkter Haftung* in Germany). This type of entity is nominate because its structure, governance rules, liability limitations, and operational requirements are all explicitly named and laid out in the country's company law or commercial code. The law provides a specific designation and framework for this particular form of business organization.