Relation, Doctrine Of

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Meaning of Relation, Doctrine Of

The doctrine of relation or relation back as it is sometimes called, is a principle of equitable origin, but adopted to proceedings at law, by which an act done at one time is considered a fiction of law to have been done at some antecedent period . The doctrine is usually applied where several proceedings are essential to complete a particular transaction , such as conveyance or deed. The last proceeding which consummates the conveyance is held for certain purposes to take effect by relation as of the day the first proceeding was held. Gibson v Chouteau, 80 U.S. 92, 13 Wall. 92, 20 L.Ed. 534. in probate practise , the grant of letters of administration is said to relate back to the death of the intestate , legalizing all intermediate acts of that administrator . See Kleiner v Kleiner, 49 A.2d582,139 N.J.Eq. 26. In matrimonial proceedings, the decree of nullity of a voidable marriage is said to relate back so as to render marital relation void from its inception. See Johnson county Nat. Bank and trust Co. v Bach, 369 P.2d231, 189 Kan. 291.

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