Legal Definition of Substitution
The procedure by which one party in an action is replaced by another.2 min read
The procedure by which one party in an action is replaced by another. This can be due to a number of reasons including death, incompetence, removal or resignation of someone being sued in his official capacity, etc.
In the law of devises, it is the putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy. It is a species of subrogation made in two different ways; the first is direct substitution, and the latter a trust or fidei commissary substitution.
The first or direct substitution, is merely the institution of a second legatee, in case the first should be either incapable or unwilling to accept the legacy; for example, if a testator should give to Peter his estate, but in case he cannot legally receive it, or he willfully refuses it, then I give it to Paul; this is a direct substitution.
Fidei Commissary Substitution
Fidei commissary substitution is that which takes place when the person substituted is not to receive the legacy until after the first legatee, and consequently must receive the thing bequeathed from the hands of the latter for example, I institute Peter my heir, and I request that at his death he shall deliver my succession to Paul. chancery practice.
This takes place in a case where a creditor has a lien on two different parcels of land, and another creditor has a subsequent lien on one only of the parcels, and the prior creditor elects to have his whole demand out of the parcel of land on which the subsequent creditor takes his lien; the latter is entitled, by way of substitution, to have the prior lien assigned to him for his benefit.