Legal Definitions - remitter

The term remitter has a few distinct meanings in a legal and financial context:

• 1. A Legal Principle Regarding Property Titles

  This principle applies when a person has two different legal claims or rights to the same property, and one claim is stronger or more valid than the other. If that person attempts to take possession or assert ownership based on the weaker or more defective claim, the law will automatically consider them to hold the property under the stronger, more valid claim. This prevents a person from being disadvantaged by a weaker title when a superior one exists.

  • Example A: Sarah inherits a piece of land through a clearly written and legally executed will from her grandmother (a strong, valid title). However, she also possesses an old, somewhat ambiguous deed from a distant relative that might also seem to grant her rights to the same land (a potentially defective title). If Sarah were to try and claim the land using the old deed, the principle of remitter would mean that the law would automatically recognize her ownership based on the more valid and undisputed will, ensuring her rights are secured by the stronger claim.
  • Example B: A long-term tenant, Mr. Henderson, has occupied a property for decades under a series of renewed leases, consistently paying rent and maintaining the property. This history creates a strong equitable claim to the property. Later, he discovers a minor technical flaw in the very first lease agreement from many years ago, which could be considered a defective legal title. If Mr. Henderson were to acquire the property, the principle of remitter would likely ensure that his ownership is based on his long-standing, strong equitable claim rather than being undermined by the minor flaw in the initial paperwork.
• 2. The Act of Sending a Case Back to a Lower Court

  In the context of court proceedings, "remitter" (often referred to as "remand") describes the action of a higher court (like an appeals court or supreme court) sending a case back to a lower court (the trial court where it was originally heard). This usually happens when the higher court finds an error in the original trial or decision and requires the lower court to take further action, such as conducting a new trial, gathering more evidence, or reconsidering the case under correct legal standards.

  • Example A: After reviewing a criminal conviction, the State Court of Appeals determines that the trial judge made a significant error by allowing inadmissible evidence to be presented to the jury. The appeals court would then remit the case back to the original trial court, instructing it to conduct a new trial without the improperly admitted evidence.
  • Example B: In a complex civil dispute over a business contract, the Supreme Court rules that the appellate court incorrectly interpreted a specific clause in the contract law. The Supreme Court would then remit the case to the appellate court, directing it to re-evaluate the case's outcome based on the correct legal interpretation.
• 3. One Who Sends Payment

  In a financial sense, a remitter is simply the person or entity that sends money or makes a payment to another party.

  • Example A: When a customer pays their monthly electricity bill online, the customer is the remitter of that payment to the utility company.
  • Example B: A company that issues a refund check to a client for an overcharged service is the remitter of the refund amount.
  • Example C: If an individual uses a money transfer service to send funds to a family member in another country, the individual initiating the transfer is the remitter.