constructive

constructive: con·struc·tive /kən-'strək-tiv/ adj: created by a legal fiction: as

a: inferred by a judicial construction or interpretation

b: not actual but implied by operation of the law

made a constructive entry when he refused to take the opportunity for a voluntary departure — Harvard Law Review compare actual

con·struc·tive·ly adv

constructive: I (creative) adjective advantageous, applicable, causative, contributive, convenient, cooperative, desirable, developmental, effective, effectual, efficient, fabricative, favorable, formative, generative, helpful, important, improving, instrumental, invaluable, operative, originative, practical, productive, profitable, resultant, serviceable, significant, stimulating, suitable, usable, useful, valuable, worthy, yielding II (inferential) adjective apparent, assumable, conceivable, connoted, constructional, implicative, implicatory, implicit, implied, implied in law, in effect, in essence, in practice, indicated, indirect, indirectly meant, inferable, inferred, inferred in law, insinuated, involved, parallel, potential, pragmatic, presumable, presumed, probable, seeming, suggested, supposable, tacit, tacitly assumed, tantamount to, understood, virtual associated concepts: constructive contempt, constructive contract, constructive control, constructive conversion, constructive delivery, constructive desertion, constructive escape, constructive eviction, constructive force, constructive fraud, constructive gift, constructive intent, constructive knowledge, constructive malice, constructive mortgage, constructive notice, constructive possession, constructive receipt, constructive total loss, constructive trespass, constructive trust, constructively present III index beneficial, causative, interpretive, productive, virtual

constructive: n.
Implied or inferred; inferred by construing facts in a particular way.

constructive: a legal fiction for treating a situation as if it were actually so. (See also: constructive fraud, constructive eviction, constructive notice, constructive possession)

Category: Small Claims Court & Lawsuits

constructive: Something that, while not actually true, is imputed by the law to exist or to have occurred and treated as if it were actually so. For example, to say "I'm giving you my car" and to turn over the car keys would probably be considered a constructive delivery of the vehicle itself.

See also legal fiction, actual, apparent, impute.

-constructive bailment (=>> bailment)

-constructive contempt(=>> contempt)

-constructive delivery (=>> delivery)

-constructive eviction (=>> eviction)

-constructive fraud (=>> fraud.

-constructive notice (=>> notice)

-constructive service (=>> service)

-constructive trust (=>> trust)

constructive: That which exists, not in fact, but as a result of the operation of law. That which takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character.

constructive: That which exists, not in fact, but as a result of the operation of law. That which takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character.

constructive: adj.

a legal fiction for treating a situation as if it were actually so. Some examples help to clarify this term: a) although Jeremiah Gotrocks does not have the jewelry in his possession, he has the key to the safe deposit box and the right to enter so he has "constructive possession"; b) although there is no written trust document, George Holder has picked up $10,000 in bearer bonds from the post office box of his niece Tess Truehart, who gave him her post office box combination while she was traveling in Europe-this makes Holder her "constructive trustee."

See also: constructive eviction, constructive fraud, constructive notice, constructive possession, constructive trust

Look at other dictionaries:

Constructive — Con*struct ive, a. [Cf. F. constructif.] 1. Having ability to construct or form; employed in construction; as, to exhibit constructive power. [1913 Webster] The constructive fingers of Watts. Emerson. [1913 Webster] 2. Derived from, or depending… … The Collaborative International Dictionary of English
constructive — UK US /kənˈstrʌktɪv/ adjective ► useful and likely or intended to improve something: »a constructive dialogue/discussion/meeting »Listening to constructive criticism of certain aspects of your work should help you to make the most of your… … Financial and business terms
constructive — in general use means ‘helpful, positive’, as in constructive criticism. In this meaning it is the opposite of destructive. In legal language it is often applied to ‘what in the eye of the law amounts to the act or condition specified’ (OED), and… … Modern English usage
constructive — [kən struk′tiv] adj. [ML constructivus] 1. helping to construct; leading to improvements or advances; formative; positive [constructive criticism] 2. of construction or structure 3. inferred or implied by legal or judicial interpretation… … English World dictionary
constructive — early 15c., derived by interpretation, from M.Fr. constructif or from M.L. constructivus, from L. construct , pp. stem of construere to heap up (see CONSTRUCTION (Cf. construction)). Meaning pertaining to construction is from 1817; having the… … Etymology dictionary
constructive — *implicit, virtual Analogous words: inferential, ratiocinative (see under INFERENCE): implied, involved (see INCLUDE) Antonyms: manifest Contrasted words: express, *explicit, definite: *evident, patent, obvious … New Dictionary of Synonyms
constructive — [adj] helpful effective, positive, practical, productive, useful, valuable; concept 401 Ant. destructive, hurting, injurious, negative, unhelpful … New thesaurus
constructive — ► ADJECTIVE 1) serving a useful purpose. 2) Law derived by inference; not stated explicitly. DERIVATIVES constructively adverb constructiveness noun … English terms dictionary
constructive — That which is established by the mind of the law in its act of construing facts, conduct, circumstances, or instruments. That which has not the character assigned to it in its own essential nature, but acquires such character in consequence of… … Black's law dictionary
constructive — ● constructif, constructive adjectif (bas latin constructivus) Qui est apte à faire progresser une situation, qui manifeste une efficacité pratique : Critique constructive. ● constructif, constructive (difficultés) adjectif (bas latin… … Encyclopédie Universelle

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