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Dehors: A Comprehensive Guide to Its Legal Meaning and Use
Definition & Meaning
The term dehors refers to something that is outside the scope of a particular agreement or legal document. In legal contexts, it indicates elements or issues that are not included in the records, such as contracts, wills, or trial records. Understanding this term is crucial in legal situations where the boundaries of agreements must be clearly defined.
Table of content
Legal Use & context
In legal practice, dehors is often used in various areas, including:
Civil Law: To clarify what is included or excluded in contracts and agreements.
Family Law: In divorce or custody agreements, to specify terms that are not part of the court's orders.
Estate Planning: In wills and trusts, to denote assets or wishes not covered by the legal documents.
Users can manage some legal documents themselves using templates from US Legal Forms, which provide guidance in drafting agreements that clearly outline what is included and excluded.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A business contract may specify that certain liabilities are dehors the agreement, meaning they are not the responsibility of either party under the terms outlined.
Example 2: In a will, if a person states that certain assets are to be distributed outside of the will, those assets are considered dehors the will's provisions. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Variation
California
Contracts must explicitly state exclusions to be enforceable.
New York
Dehors elements may be interpreted differently in family law cases.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Exclusion
Specific items or issues that are not included in an agreement.
Dehors refers to broader concepts outside the agreement, not just specific items.
Scope
The extent of what is covered by an agreement.
Dehors focuses on what is outside that scope.
Common misunderstandings
What to do if this term applies to you
If you encounter the term dehors in a legal document, consider the following steps:
Review your agreement to understand what is included and excluded.
Consult with a legal professional if you have concerns about the implications of exclusions.
Explore US Legal Forms for templates that can help you draft clear agreements.
Find the legal form that fits your case
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