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constitutum possessorium (kon-sti-t[y]oo-tam pah-ses-sor-ee-am). [Latin "possessory agreement"] Roman law. 1. A type of constructive delivery in which mediate possession is transferred while the immediate control or custody remains in the transferor. 2. The agreement by which this transfer is brought about. In the context of a security interest, the pledged property may remain in the possession of the debtor, but as bailee of the creditor. For the other two types of constructive delivery, see ATTORNMENT; BREVI MANU. Also termed traditio longa manu (tra-dish-ee-oh long-ga man-yoo). "[Another] form of constructive delivery is that which the commentators on the civil law have termed constitutum possessiorum . , . , Any thing may be effectually delivered by means of an agreement that the possessor of it shall for the future hold it no longer on his own account but on account of someone else, . , . [I]f I buy goods from a warehouseman, they are delivered to me so soon as he has agreed with me that he will hold them as warehouseman on my account. The position is then exactly the same as if I had first taken actual delivery of them, and then brought them back to the warehouse, and deposited them there for safe custody," John Salmond, Jurisprudence 306 (Glanville L. Williams ed., 10th Ed. 1947).

construction 1. The act of building by combining or arranging parts or elements; the thing so built. 2. The act or process of interpreting or explaining the sense or intention of a writing (usu. a constitution, statute, or instrument); the ascertainment of a document's meaning in accordance with judicial standards. construct (for sense 1), vb. construe (for sense 2), vb. "Construction, as applied to written law, is the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful either by reason of apparently conflicting provisions or directions, or by reason of the fact that the given case is not explicitly provided for in the law:' Henry Campbell Black, Handbook on the Construction and Interpretation of the Laws 1 (1896), "Some authors have attempted to introduce a distinction between 'interpretation' and 'construction.' Etymologically there is, perhaps, such a distinction; but it has not been accepted by the profession. For practical purposes any such distinction may be ignored, in view of the real object of both interpretation and construction, which is merely to ascertain the meaning and will of the lawmaking body, in order that it may be enforced." William M. Lile et aI., Brief Making and the Use of Law Books 337 (3d ed. 1914).

construction bond A bond issued by a governmental entity for a building project.

construction bond- See BOND (3).

construction contract See CONTRACT.

construction contract- A contract setting forth the specifications for a building project's construction. This type of contract is usu. secured by performance and payment bonds to protect both the owner and the subcontractors.

construction financing See interim financing under FINANCING.

construction financing- See interim financing.

construction lien See mechanic's lien under LIEN.

construction loan See building loan under LOAN.

construction mortgage See MORTGAGE.

construction statute See STATUTE.

construction statute A legislative directive included in a statute, intended to guide or direct a courts interpretation of the statute. A construction act can, for example, be a simple statement such as "he word week means seven consecutive days" or a broader directive such as Words and phrases are to be read in context and construed according to the rules of grammar and common usage. "Vords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, are to be construed accordingly."

construction ut res magis valeat quam pereat (kan-strak-shan at rays [or reez or rez] may-jis vay-Iee-at kwam peer-ee-at). [Latin "a construction that gives effect to the matter rather than haVing it fail"] A construction arrived at when alternative readings are possible, one of which (usu. the broader reading) would achieve the manifest purpose of the document and one of which (usu. the narrower reading) would reduce it to futility or absurdity, whereby the inter preter chooses the one that gives effect to the document's purpose.

construction warranty See WARRANTY (2).

constructionism A judicial approach to interpreting the text of statutes, regulations, constitutions, and the like.

constructionist One who interprets a controlling text, such as a statute, constitution, or the like.

constructive Legally imputed; existing by virtue of legal fiction though not existing in fact. Courts usu. something a constructive effect for equitable reasons <the court held that the shift supervisor had constructive knowledge of the machine's failure even though he did not actually know until two days later>. See LEGAL FICTION. Cf. ACTUAL.

constructive parent See equitable parent under PARENT.

constructive abandonment 1. Patents. The closing of a patent -application prosecution by the U.S. Patent and Trademark Office when an applicant fails to respond to an office action within the time allowed, usu. six months, or fails to pay an issue fee. - If the delay was unintentional or unavoidable, the application may be revived. 2. Patents. Abandonment of an invention by operation of law regardless of the inventor's intention, such as when the inventor forfeits the right to patent by selling or offering to sell the invention or by describing it in a publication more than a year before seeking patent protection. 35 USCA § 102. 3. Trademarks. An owner's loss of trademark protection, regardless of whether the mark is registered, by allowing the mark to lose its distinctiveness, such as by letting the name become a generic term for that type ofgoods, or by otherwise failing to maintain the mark's distinctive character. For example, licensing the use of the mark without retaining control over how it is used may result in constructive abandon- ment. Also termed abandonment by operation of law.

constructive abandonment- 1. Family law. See constructive desertion under DESERTION. 2. Intellectual property. ABANDONMENT (10).

constructive adverse possession 1. Adverse possession in which the claim arises from the claimant's payment of taxes under color of right rather than by actual possession of the land. 2. Louisiana law. Adverse possession by operation of law. When a possessor holds title to the property and corporeally possesses part of it, the possessor is deemed to have constructive possession of the rest of the property described in the title. La. Civ. Code art. 3426. 2. The doctrine by which title to real property is acquired as a result of such use or enjoyment over a specified period of time. See POSSESSION.

constructive adverse possession- See ADVERSE POSSESSION.

constructive amendment of indictment The admission of evidence that modifies the indictment by modifying the elements of a charged offense or by establishing an offense different from or in addition to those in the indictment.

constructive amendment of indictment- See AMENDMENT OF INDICTMENT.

constructive assent Assent imputed to someone based on conduct.

constructive assent- See ASSENT.

constructive authority Authority that is inferred because of an earlier grant of authority.

constructive authority- See AUTHORITY (1).

constructive bailment A bailment that arises when the law imposes an obligation on a possessor of personal property to return the property to its rightful owner, as with an involuntary bailment. Cf. involuntary bailment.

constructive bailment- See BANMEKT.

constructive breach See anticipatory breach.

constructive breach- See anticipatory breach under BREACH OF CONTRACT.

constructive breaking into a house See constructive housebreaking under HOUSEBREAKING.

constructive condemnation See inverse condemnation under CONDEMNATION.

constructive condition A condition contained in an essential contractual term that, though omitted by the parties from their agreement, a court has supplied as being reasonable in the circumstances; a condition imposed by law to do justice.The cooperation of the parties to a contract, for example, is a constructive condition. Also termed implied-in-law condition; condition implied by law; condition implied in law. Cf. implied-in-fact condition. "[C]onstructive conditions are imposed by law to do justice.... The dividing line between an express con· dition ... and constructive conditions is often quite indistinct. Yet, the distinction is often of crucial impor' tance. The general rule governing an express condition is that it must be strictly performed. The general rule as to constructive conditions is that substantial compliance is sufficient." John D. Calamari &Joseph M. Perillo, The Law of Contracts § 11.8, at 402 (4th ed. 1998).

constructive condition- See CONDITION (2).

constructive contempt See indirect contempt under CONTEMPT.

constructive contempt. See indirect contempt.

constructive contract See implied-in-Iaw contract under CONTRACT.

constructive contract- See implied-in-law contract.

constructive conversion See CONVERSION (2).

constructive conversion- Conversion consisting of an action that in law amounts to the appropriation of property. Constructive conversion could be, for example, an appropriation that was initially lawful.

constructive crime See CRIME.

constructive crime- A crime that is built up or created when a court enlarges a statute by altering or straining the statute's language, esp. to drawing unreasonable implications and inferences from it. Also termed implied crime; presumed crime.

constructive custody See CUSTODY (1).

constructive custody- Custody of a person (such as a parolee or probationer) whose freedom is controlled by legal authority but who is not under direct physical control.

constructive delivery See DELIVERY.

constructive delivery- An act that amounts to a transfer of title by operation of law when actual transfer is impractical or impossible. For example, the delivery of a deposit-box key by someone who is ill and immobile may amount to a constructive delivery of the box's contents even though the box may be miles away. For the three traditional types of constructive delivery, see ATTORNMENT; CONSTITUTUM POSSESSORIUM; TRADITIO BREVI MANU.

constructive desertion See DESERTION.

constructive desertion- One spouse's misconduct that forces the other spouse to leave the marital abode. The actions of the offending spouse must be serious enough that the spouse who is forced from the home finds the continuation of the marriage to be unendurable or dangerous to his or her safety and wellbeing, and finds it necessary to seek safety outside the marital domicile. Also termed constructive abandonment.

constructive discharge See DISCHARGE (7).

constructive discharge- A termination of employment brought about by making the employee's working conditions so intolerable that the employee feels compelled to leave. "Most constructive discharges fall into one of two basic fact patterns. First, the employer can cause a constructive discharge by breaching the employee's contract of employ· ment in some manner short of termination. Second, the employer can make working conditions so intolerable that the employee feels compelled to qUit." Mark A. Rothstein et aI., Employment Law § 9.7, at 539 (1994).

constructive dividend See DIVIDEND.

constructive dividend- A taxable benefit derived by a shareholder from the corporation even though the benefit was not designated a dividend. Examples include excessive compensation, bargain purchases of corporate property, or shareholder use of corporate property for personal reasons.

constructive emancipation See EMANCIPATION.

constructive emancipation- Emancipation by law, as opposed to a voluntary act of the parent. Constructive emancipation may occur in several ways, as by (1) conduct of the parent that is inconsistent with the performance of parental duties, (2) marriage of the child, or (3) the child's service in the armed forces.

constructive escape See ESCAPE (2).

constructive escape- A prisoner's obtaining more liberty than the law allows, while not fully regaining freedom. 3. At common law, a criminal offense committed by a peace officer who allows a prisoner to depart unlawfully from legal custody. - Also termed voluntary escape. - escape, vb.

constructive eviction See EVICTION.

constructive eviction- 1. A landlord's act of making premises unfit for occupancy, often with the result that the tenant is compelled to leave. 2. The inability of a land purchaser to obtain possession because of paramount outstanding title. Such an eviction usu. constitutes a breach of the covenants of warranty and quiet enjoyment.

constructive force See FORCE.

constructive force- Threats and intimidation to gain control or prevent resistance; esp., threatening words or gestures directed against a robbery victim.

constructive fraud See FRAUD.

constructive fraud- 1. Unintentional deception or misrepresentation that causes injury to another. Also termed legal fraud; fraud in contemplation of law; equitable fraud;fraud in equity. 2. See fraud in law. "In equity law the term fraud has a wider sense, and includes all acts. omissions, or concealments by which one person obtains an advantage against conscience over another, or which equity or public policy forbids as being to another's prejudice; as acts in violation of trust and confidence. This is often called constructive, legal, or equi· table fraud, or fraud in eqUity." Encyclopedia ofCriminology 175 (Vernon C. Branham & Samuel B. Kutash eds., 1949), S.v. "Fraud."

constructive housebreaking See HOUSEBREAKING.

constructive housebreaking- A breaking made out by construction of law, as when a burglar gains entry by threat or fraud. - Also termed constructive breaking into a house.

constructive intent A legal principle that actual intent will be presumed when an act leading to the result could have been reasonably expected to cause that result. "Constructive intent is a fiction which permits lip service to the notion that intention is essential to criminality, while recognizing that unintended consequences of an act may sometimes be sufficient for gUilt of some offenses." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 835 (3d ed. 1982).

constructive inteut See INTENT (1).

constructive knowledge Knowledge that one using reasonable care or diligence should have, and therefore that is attributed by law to a given person <the court held that the partners had constructive knowledge of the partnership agreement even though none of them had read it>.

constructive knowledge See KNOWLEDGE.

constructive larceny Larceny in which the perpetrator"s felonious intent to appropriate the goods is construed from the defendant"s conduct at the time of asportation, although a felonious intent was not present before that time.

constructive larceny See LARCENY.

constructive loss See constructive total loss (1) under LOSS.

constructive malice See implied malice under MALICE.

constructive murder See felony murder under MURDER.

constructive notice See NOTICE.

constructive occupancy See OCCUPANCY.

constructive occupancy A manifest intent to occupy property physically, followed within a reasonable time by actual occupancy. 2. The act of taking possession of something that has no owner (such as abandoned property) so as to acquire legal ownership. See ADVERSE POSSESSION. 3. The period or term during which one owns, rents, or otherwise occupies property. 4. The state or condition of being occupied. 5. The use to which property is put.

constructive parent See equitable parent.

constructive payment See PAYMENT.

constructive payment A payment made by the payor but not yet credited by the payee. For example, a rent check mailed on the first of the month is a constructive payment even though the landlord does not deposit the check until ten days later.

constructive possession See POSSESSION.

constructive possession 1. Control or dominion over a property without actual possession or custody of it. Also termed effective possession. 2. Possession by operation oflaw of an entirety by virtue of corporeal possession of a part .• When a possessor holds title to a property and physically possesses part of it, the law will deem the possessor to hold constructive possession of the rest of the property described in the title. La. Civ. Code art. 3426. Also termed possessio fictitia; possession in law. Cf. actual possession.

constructive presence 1. Criminal law. Legal imputation of having been at a crime scene, based on having been close enough to the scene to have aided and abetted the crime s commission. See CONSPIRACY. 2. Wills & estates. Legal imputation of a witness s having been in the room when a will was signed, based on the fact that the testator and the witness were able to see each other at the time of the signing. This principle was commonly employed until the 20th century, when the presence-of-the-testator rule became dominant. See PRESENCE-OF-THE-TESTATOR RULE.

constructive presence See PRESENCE.

constructive reduction to practice The documented demonstration that an invention will perform its intended purpose, contained in a patent application that provides enough detail that a person skilled in the art could make and test the invention; the filing of a patent application for an invention or design. Brunswick Corp. v. U. S., 34 Fed. Cl. 532, 584 (1995).

constructive reduction to practice See REDUCTION TO PRACTICE.

constructive search A subpoena of a corporations records. "[I]t is settled that the so-called constructive search involved in an administrative subpoena of corporate books or records constitutes a search or seizure within the meaning of the Fourth Amendment." 68 Am. Jur. 2d Searches and Seizures § 44, at 674 (1993).

constructive search See SEARCH.

constructive seisin See seisin in law.

constructive seisin See seisin in law under SEISIN.

constructive seizure A manifest intent to seize and take possession of another persons property, usu. either by lawfully acquiring actual custody and control of the property or by posting notice of the propertys pending foreclosure.

constructive seizure See SEIZURE.

constructive service 1. See substituted service. 2. Service accomplished by a method or circumstance that does not give actual notice.

constructive service 1. See SERVICE (2). 2. See DOCTRINE OF CONSTRUCTIVE SERVICE (2).

constructive taking See TAKING (1).

constructive taking An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted with the possession of goods starts using them contrary to the owners instructions. 2. Constitutional law. The governments actual or effective acquisition of private property either by ousting the owner or by destroying the property or severely impairing its utility. There is a taking of property when government action directly interferes with or substantially disturbs the owners use and enjoyment of the property. - Also termed constitutional taking. See CONDEM:NATION (2); EMINENT DOMAIN.

constructive total loss See LOSS.

constructive transfer See TRANSFER.