Definition of DELEGATION in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DELEGATION
A sending away; a putting into commission; the assignment of a debt to another; the intrusting another with a general power to act for the good of those who depute him; a body of delegates.
At Common Law
The transfer of authority by one person to another; the act of making or commissioning a delegate.
The whole body of delegates or representatives sent to a convention or assembly from one district, place, or political unit are collectively spoken of as a "delegation."
In the Civil Law
A species of novation which consists in the change of one debtor for another, when he who is indebted substitutes a third person who obligates himself in his stead to the creditor, or to the person appointed by him so that the first debtor is acquitted and his obligation extinguished, and the creditor contents himself with the obligation of the second . debtor. Delegation is essentially distinguished from any other species of novation, in this: that the former demands the consent of all three parties, but the latter that only of the two parties to the new debt. 1 Domat, § 2318; Adams v. Power, 48 Miss. 454.
Delegation is novation effected by the intervention of another person whom the debtor, in order to be liberated from his creditor, gives to such creditor, or to him whom the creditor appoints; and such person so given becomes obliged to the creditor in the place of the original debtor. Burge, Sur. 173.
Perfect delegation exists when the debtor who makes the obligation is discharged by the creditor.
Imperfect delegation exists when the creditor retains his rights against the original debtor. 2 Duvergnoy, n. 169.
Delegatus non potest delegare. A delegate cannot delegate; an agent cannot delegate his functions to a subagent without the knowledge or consent of the principal; the person to whom an office or duty is delegated cannot lawfully devolve the duty on another, unless he be expressly authorized so to do. 9 Coke, 77; Broom, Max. 840; 2 Kent, Comm. 633; 2 Steph.Comm. 119; Blake v. Allen, 221 N.C. 445, 20 S.E.2d 552, 554.
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That's the definition of DELEGATION in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
