CONOCIMIENTO

4 definitions found across Law Mind sources

CONOCIMIENTOAuthored
The Law Mind • 682 words
Definition
A bill of lading under Spanish maritime law. The conocimiento is the document issued by a carrier or shipmaster acknowledging the receipt of cargo and obligating delivery of that cargo to a named consignee or bearer at a designated destination. It functions as the governing instrument of a cargo shipment: evidence of the contract of carriage, a receipt for goods, and — depending on its form — a document of title that can be transferred to convey rights in the goods while they are in transit. In Mediterranean practice, the same or equivalent document is called a poliza de cargamiento.
Common Language
Modern common usage (Wiktionary): Spanish for "knowledge," "awareness," or "understanding." In everyday Spanish, conocimiento is a general cognitive term with no commercial or maritime connotation. Historical common usage (Webster's 1913): Not entered as an English word. The term appears in English legal sources untranslated, as borrowed terminology from Spanish commercial and maritime practice. The gap between the ordinary Spanish meaning and the legal English meaning is absolute. A researcher encountering conocimiento in an English-language legal text, admiralty record, or commercial document is not dealing with epistemology. The term has been imported wholesale into Anglo-American legal usage as a term of art for a specific maritime instrument, carrying none of its ordinary Spanish sense.
Why It Matters in Research
Conocimiento surfaces primarily in admiralty and commercial law materials involving Spanish-speaking jurisdictions — colonial Latin America, the Philippines, Spain, Cuba, Puerto Rico, and the Gulf and Caribbean trade networks. Researchers working in pre-twentieth-century maritime records, prize court proceedings, or trade litigation touching these regions will encounter the term as an untranslated technical borrowing in otherwise English-language texts. The critical navigational point: the term is jurisdictionally and geographically bounded. It does not appear in standard Anglo-American common law admiralty sources as a term of domestic commerce. Its presence in a document or case signals Spanish legal heritage — either the governing law, the port of origin, or the nationality of the parties. This makes it a useful marker for researchers trying to determine what law governed a particular transaction. Researchers should also note the Mediterranean variant, poliza de cargamiento, which may appear in the same corpus of sources for the same instrument. Do not treat these as distinct documents; they are regionally different names for the same legal object. The Bouvier's entry included in the source material does not address conocimiento — it breaks off into a definition of "conquest." This is a transcription or source artifact. Researchers relying on Bouvier's for this term should treat that entry as unavailable, not as authority.
Historical Dictionary Support
Black's Law Dictionary (both the first and second editions) provides consistent, matching entries: conocimiento is a bill of lading in Spanish law, with the Mediterranean variant identified as poliza de cargamiento. The definitions are brief and functional, which accurately reflects the term's status — it is a borrowed technical term, not a concept requiring extended doctrinal analysis. The historical dictionaries do not address the document's legal effects, its negotiability, or how courts in common law jurisdictions treated it when it appeared in contested proceedings. Researchers should not assume that the legal incidents of a conocimiento were identical to those of an Anglo-American bill of lading in any given period; the governing law of the port and the underlying contract would have controlled those questions. Bouvier's provides no usable entry for this term. The source material supplied under Bouvier's heading is a definition of "conquest" — a transcription error that should be disregarded entirely.
Jurisdictional Note
The conocimiento is a creature of Spanish commercial and maritime law. In jurisdictions with Spanish legal heritage — including former Spanish colonies and territories — it may appear in historical commercial codes and court records as the standard form of shipping document. Common law courts encountering the instrument would typically apply conflict-of-laws analysis to determine its effect.
Related Terms
Bill of lading Poliza de cargamiento Consignee Carrier Document of title Admiralty law Maritime contract Cargo receipt Charter party
CONOCIMIENTOmain
Black's Law Dictionary • 1891
In Spanish law. A bill of lading. In the Mediterranean ports it is called "poliza de cargamiento."
CONOCIMIENTOmain
Bouvier's Law Dictionary • 1928
CONQUEST (Lat. conquiro, to seek for). In Feudal Law. Purchase; any means of obtaining an estate out of the usual course of inheritance. The estate itself so acquired. According to Blackstone and Sir Henry Spelman, the word in its original meaning was entirely dis- sociated from any any connection with the modern idea of military subjugation, but was used solely in the sense of purchase. It is difficult and quite profit- less to attempt a decision of the question which has arisen, whether it was applied to William's ac- quisition of England in its original or its popular meaning. It must be allowed to offer a very reason- able explanation of the derivation of the modern signification of the word, that it was still used at that time to denote a technical purchase-the prev- alent method of purchase then, and for quite a long period subsequently, being by driving off the occupant by superior strength. The operation of making a a conquest, as illustrated by William the Conqueror, was no doubt often afterwards repeated by his followers on a smaller scale: and thus the modern signification became established. On the other hand, it would be much more difficult to de- rive a general signification of purchase from the limited modern one of military subjugation. But the whole matter must remain mainly conjectural; and it is undoubtedly going to far too say, with Burrill, that the meaning assigned by Blackstone is "demonstrated," or, with Wharton, that the same meaning is a "mere idle ingenuity." Fortu- nately, the question is not of the slightest impor- tance in any respect. In International Law. The acquisi- tion of the sovereignty of a country by force of arms, exercised by an independent power which reduces the vanquished to the sub- mission of its empire. It is a general rule that, where conquered countries have laws of their own, those laws remain in force after the conquest until they are abrogated, unless contrary to reli- gion or mala in se. In this case, the laws of the conqueror prevail; 1 Story, Const. § 150. The conquest and occupation of a part of the territory of the United States by a public enemy renders such conquered ter- ritory during such occupation a foreign country with respect to the revenue laws of the United States; 4 Wheat. 246; 2 Gall. 486. The people of a conquered territory change their allegiance, but not their rela- tions to each other; 7 Pet. 86. Conquest does not per se give the conqueror plenum dominum et utile, but a temporary right of possession and government; 2 Gall. 486;3 Wash. C. C. 101; 8 Wheat. 591; 2 Bay 229 ; 2 Dall. 1; 12 Pet. 410. The right which the English government claimed over the territory now composing the United States was not founded on con- quest, but discovery. Story, Const. § 152. In Scotch Law. Purchase. Bell, Dict.; 1 Kames 210. See TERRITORIAL PROPERTY.
CONOCIMIENTOmain
Black's Law Dictionary (2nd Ed.) • 1910
In Spanish law. A bill of lading. In the Mediterranean ports it is called “poliza de cargamiento.”

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