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Glite Dictionary
executory

executory

1 9.1
An agreement or contract not yet complete because more actions are needed
  • adjective
  • /ˈɛksɪkjʊtəri/
  • Formal
: no ejecutado
  • For instance, under bankruptcy law, a city may assume or reject an executory contract, or unilaterally or consensually modify its terms.
  • executory contract

Examples

  • In that opinion, Judge Christopher Klein addressed "the threshold question whether, as a matter of law, pension contracts entered into by the City ... may be rejected" (114) as an executory contract.

    Academic text (2018)

  • The postpetition treatment of a debtor's unexpired leases is addressed, along with executory contracts, by section 365 of the Code.

    Academic text (1993)

  • In legal disputes, parties often rely on executory agreements that have not yet been fulfilled.

  • The executory nature of the contract means that both sides still have pending obligations to meet.

  • During the negotiations, they discussed the executory terms that were yet to be completed by both parties.

Synonyms

unexecuted
vsexecutory
  • Formal
1 6.5

Not carried out or finished, for example a contract not signed

is in the process of being carried out rather than left inactive

Antonyms

completed
109 1.0

Finished and not needing any more work

How Complete

executed
  • Formal
2 6.4
executory
  • Formal
1 9.1
pending
195 3.0
unperformed
1 6.0

Surface Forms

executory positive

Morphology

executory = execute (semi-transparent) = execute + ory

Formally built from 'execute' + '-ory', so the link to 'execute' is clear, but the legal nuance 'not yet performed' (as in 'executory contract') is a specialized usage not obvious to all learners.

Etymology

Executory comes from the same root as execute, which is built from Latin parts ex- 'out' and sequi 'to follow', giving the idea 'to carry out'. So an executory contract or duty is one that still needs action to 'be carried out' and is not yet complete.