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prestation

[ pre-stey-shuhn ]

noun

, Law.
  1. a payment in money or in services.
  2. a duty to do or not do something in fulfillment of an obligation, or the performance of such a duty:

    The contract imposes reciprocal prestations upon the parties.



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Word History and Origins

Origin of prestation1

From Middle English, from Middle French, from Late Latin praestation-, stem of praestatio “payment,” from Latin: “warranty,” from praestatus (past participle of praestare “to perform, pay, give”) + -ion
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Example Sentences

The corv�e royale of repairing the roads, however, abolished in 1789, was revived, under the name of prestation, under the Consulate, by the law of 4 Thermidor an X., modified by subsequent legislation in 1824, 1836 and 1871.

Pinkerton had received from this monarch a cabinet appointment; I have seen the brevet, wondering mainly at the good-nature of the printer who had executed the forms, and I think my friend was at the head either of foreign affairs or education: it mattered, indeed, nothing, the prestation being in all offices identical.

That the corvée, in itself, cannot have been the absolutely intolerable thing it is commonly supposed to have been may be inferred, I think, from the fact that, under the name of prestation en nature, it still exists in many parts of the French Republic.

In short, individuality of being destroys the hypothesis of communism, but it does not for that reason give birth to domain,—that domain by virtue of which the holder of a thing exercises over the person who takes his place a right of prestation and suzerainty, that has always been identified with property itself.

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Prestation

What is a prestation?

A prestation is a payment made using money or services, as in Our contract with the client is not complete until we receive our prestation.

Prestation is an uncommon legal term that encompasses all forms of payment that were agreed upon or stated in a contract. While a prestation is normally a payment in the form of currency, it can also be the performance of a service.

A prestation can also be a duty to do something or not do something as part of a larger obligation, as in As a scientific researcher for my employer, I have a prestation not to reveal my research to other companies.

Example: The defendant has neglected to pay the contractually designated prestation.

Where does prestation come from?

The first records of the term prestation come from around the 1470s. It comes from the Latin term praestātiō, meaning “payment,” as with money or services.

Prestation was primarily used in the English feudal system, referring to payments, duties, and services that were obligated to lords by their vassals.

A modern example of a prestation is the nondisclosure agreement (NDA). An NDA is a legal contract in which one party agrees to keep specific information belonging to the other party a secret. If you work as a freelancer for a company and have access to company trade secrets, for example, you may be asked to sign an NDA. This prestation legally obligates you not to share those company secrets with anyone outside of the company.

Did you know … ?

What are some words that often get used in discussing prestation?

How is prestation used in real life?

Prestation is a legal term that is usually only used in legal discussions.

 

 

Try using prestation!

True or False?

A prestation is the station your train reaches before it arrives at your station.

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