Chapter 6 Summary Ownership of Real Property
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Natural Persons, Juridical Persons and Legal Personhood
Esta revista forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx http://biblio.juridicas.unam.mx exican M Review aw L New Series V O L U M E VIII Number 1 NATURAL PERSONS, JURIDICAL PERSONS AND LEGAL PERSONHOOD Elvia Arcelia QUINTANA ADRIANO* ABSTRACT. The study of commercial law can be divided into four basic ca- tegories: (a) individuals (natural persons); (b) objects of commerce; (c) legal instruments and (d) administrative and legal procedures. Business relations bet- ween individuals and business entities requires significant legal documentation, including atypical or nonstandard business contracts. A central feature of all business transactions is the “legal entity”, used by organizations worldwide to conduct business. In order for many businesses to carry out routine activities, they must have many of the same legal rights and responsibilities as natural persons. In a word, these entities require “legal personhood”. Which leads us to the question of Legitimation. The most widely used legal instruments are nons- tandardized business contracts. In essense, this is the delineation of contracting parties as entities with well-defined rights and obligations. This authority de- pends, in turn, on the legitimacy of the “personhood” of the contracting parties, which is often a point of dispute in business relations. Regardless of whether one accepts the use of terms “legal entity” and “legal personhood”, they often give rise to immeasurable and diverse conflicts domestically, regional and at global level. This had led to efforts to improve the rules of the International Chamber of Commerce and improve legal models that provide guidance to di- verse nations. -
Leases and the Rule Against Perpetuities
LEASES AND THE RULE AGAINST PERPETUITIES EDWIN H. ABBOT, JUNIOR of the Boston Bar INTRODUCTION The purpose of this article is to consider the application of the rule against perpetuities to leases. A leasehold estate has certain peculiari- ties which distinguish it, as a practical matter, from other estates in land. At common law it required no livery of seisin, and so could be created to begin in futuro. Although it is not an estate of freehold the duration of the estate may be practically unlimited-it may be for 999 years or even in perpetuity. The reversion after an estate for years is necessarily vested, no matter how long the term of the lease may be, yet the leasehold estate is generally terminable at an earlier time upon numerous conditions subsequent, defined in the lease. In other words the leasehold estate determines without condition by the effluxion of the term defined in the lease but such termination may be hastened by the happening of one or more conditions. The application of the rule against perpetuities to such an estate presents special problems. The purpose of this article is to consider the application of the rule to the creation, termination and renewal of leases; and also its effect upon options inserted in leases. II CREATION A leasehold estate may be created to begin in futuro, since livery of seisin was not at common law required for its creation. Unless limited by the rule a contingent lease might be granted to begin a thousand years hence. But the creation of a contingent estate for years to begin a thousand years hence is for practical reasons just as objectionable as the limitation of a contingent fee to begin at such a remote period by means of springing or shifting uses, or by the device of an execu- tory devise. -
Covenants in a Lease Which Run with the Land
COVENANTS IN A LEASE WHICH RUN WITH THE LAND EDwiN H. ADBoT, JR. Assistant Attorney-General, Massachusetts I PRELIMINARY The purpose of this article is to consider anew the tests which deter- mine whether a covenant in a lease will run with the land. The subject is by no means novel. The leading case was decided in 1583,1 if the resolutions promulgated in Spencer's Case can be considered a decision. But in view of the seeming conflict between the first and second reso- 'Spencer's Case (1583, K. B.) 51Co. Rep. 16a. The first two resolutions read as follows: i. When the covenant extends to a thing in esse, parcel of the demise, the thing to be done by force of the covenant is quodammodo annexed and appurtenant to the thing demised, and shall go with the land, and shall bind the assignee although he be not bound by express words: but when the covenant extends to a thing which is not in being at the time of the demise made, it cannot be appurtenant or annexed to the thing which hath no being: as if the lessee covenants to repair the houses demised to him during the term, that is parcel of the contract, and extends to the support of the thing demised, and therefore is quodammodo annexed appurtenant to houses, and shall bind the assignee although he be not bound expressly by the covenant: but in the case at bar, the covenant concerns a thing which was not in esse at the time of the demise made, but to be newly built after, and therefore shall bind the covenantor, his executors or administrators, and not the assignee, for the law will not annex the covenant to a thing which hath no being. -
Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense
63 Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense Article 15: Criminal Offense A criminal offense is an unlawful act: (a) that is prescribed as a criminal offense by law; (b) whose characteristics are specified by law; and (c) for which a penalty is prescribed by law. Commentary This provision reiterates some of the aspects of the principle of legality and others relating to the purposes and limits of criminal legislation. Reference should be made to Article 2 (“Purpose and Limits of Criminal Legislation”) and Article 3 (“Principle of Legality”) and their accompanying commentaries. Article 16: Criminal Responsibility A person who commits a criminal offense is criminally responsible if: (a) he or she commits a criminal offense, as defined under Article 15, with intention, recklessness, or negligence as defined in Article 18; IOP573A_ModelCodes_Part1.indd 63 6/25/07 10:13:18 AM 64 • General Part, Section (b) no lawful justification exists under Articles 20–22 of the MCC for the commission of the criminal offense; (c) there are no grounds excluding criminal responsibility for the commission of the criminal offense under Articles 2–26 of the MCC; and (d) there are no other statutorily defined grounds excluding criminal responsibility. Commentary When a person is found criminally responsible for the commission of a criminal offense, he or she can be convicted of this offense, and a penalty or penalties may be imposed upon him or her as provided for in the MCC. Article 16 lays down the elements required for a finding of criminal responsibility against a person. -
The Law of Property
THE LAW OF PROPERTY SUPPLEMENTAL READINGS Class 14 Professor Robert T. Farley, JD/LLM PROPERTY KEYED TO DUKEMINIER/KRIER/ALEXANDER/SCHILL SIXTH EDITION Calvin Massey Professor of Law, University of California, Hastings College of the Law The Emanuel Lo,w Outlines Series /\SPEN PUBLISHERS 76 Ninth Avenue, New York, NY 10011 http://lawschool.aspenpublishers.com 29 CHAPTER 2 FREEHOLD ESTATES ChapterScope ------------------- This chapter examines the freehold estates - the various ways in which people can own land. Here are the most important points in this chapter. ■ The various freehold estates are contemporary adaptations of medieval ideas about land owner ship. Past notions, even when no longer relevant, persist but ought not do so. ■ Estates are rights to present possession of land. An estate in land is a legal construct, something apart fromthe land itself. Estates are abstract, figments of our legal imagination; land is real and tangible. An estate can, and does, travel from person to person, or change its nature or duration, while the landjust sits there, spinning calmly through space. ■ The fee simple absolute is the most important estate. The feesimple absolute is what we normally think of when we think of ownership. A fee simple absolute is capable of enduringforever though, obviously, no single owner of it will last so long. ■ Other estates endure for a lesser time than forever; they are either capable of expiring sooner or will definitely do so. ■ The life estate is a right to possession forthe life of some living person, usually (but not always) the owner of the life estate. It is sure to expire because none of us lives forever. -
VACARIA, a Void Place, Or Waste Ground
[ 323 ] U AND V.. VAGRANTS. VACARIA, A void place, or waste ground. Mem. in Scacc. Mich, 9 Edw. 1 . VACATING RECORDS; See title Record. VACATION, Vacatio.~\ Is all the time between the end of one Term and the beginning of another; and it begins the last day of every Term, as soon as the Court rises. The time from the death of a bishop, or other spiritual person, till the bishopric or dignity is sup plied with another, is also called Vacation. Stats. Westm. 1. c. 21: 14 Edw. 3. st. 4. c. 4. VACATURA, An avoidance of an Ecclesiastical Benefice; as prima Vacatura, the first Avoidance, isfc. VACCARY, Vaccaria. A house or place to keep cows in; a Dairy- house, or Cow-pasture. Fleta, lib. 2. VACCARIUS, The Cow-herd, who looks after the common herd �of cows. Fleta. VADIARE DUELLUM, To wage a combat, where two contend ing parties, on a challenge, give and take a mutual pledge of fighting. Cowell. See title Battel. VADIUM PONERE, To take security, bail or pledges, for the appearance of a defendant in a Court of Justice. Reg. Orig. See Pone. VADIUM MORTUUM; See Mortgage. VADIUM VIVUM, A living Pledge; as when a man borrows a sum of another, and grants him an estate, as of 20/. fier annum, to hold until the rents and profits shall repay the sum borrowed. See Mortgage. VAGABOND, Vagabundus .] One that wanders about, and has no certain dwelling; an idle fellow. See Vagrants. VAGRANTS. Vagrantes.] These are divided into three classes; viz. Bile and Disorderly Persons�Rogues and Vagabonds�and Incorrigible Rogues: And are thus described and particularised at full length in the stat. -
GUIDE to the CASE LAW of the European Court of Justice on Articles 49 Et Seq
1 GUIDE TO THE CASE LAW Of the European Court of Justice on Articles 49 et seq. TFEU FREEDOM OF ESTABLISHMENT European Commission 2 PREFACE The present guide forms part of a series of guides concerning the case law of the European Court of Justice. To date this series includes publications concerning Article 49 TFEU et seq. (Freedom of Establishment) and Article 56 TFEU et seq. (Freedom to Provide Services). A separate chapter in the guide concerning Article 56 TFEU is dedicated to the case law on Directive 2006/123/EC on services in the internal market (Services Directive). The guides are produced and updated by the European Commission, Internal Market, Industry, Entrepreneurship and SMEs Directorate-General. This guide, which concerns Article 49 TFEU, aims to present the cases in a practical way by gathering together the essential passages of the cases, thus making it possible to find all the relevant parts of the judgement without having to consult the complete text of the case. The structure of the guide, following recent case law, provides an approach to Article 49 intended to help not only academics, but also practitioners directly involved in dealing with infringements. In the 2015 Single Market Strategy1 and the accompanying Staff Working Document2, the Commission states the intention to engage in a more active enforcement policy. In this respect, the guides, by presenting the relevant case law in an organised way, aim to provide clarity on the legal interpretations given by the Court of fundamental notions, on the proportionality analysis and on the correct application of fundamental freedoms of the Treaty. -
Uniform Environmental Covenants Act
UNIFORM ENVIRONMENTAL COVENANTS ACT drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its MEETING IN ITS ONE-HUNDRED-AND-TWELFTH YEAR WASHINGTON, DC AUGUST 1-7, 2003 WITH PREFATORY NOTE AND COMMENTS Copyright ©2003 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS September 27, 2018 DRAFTING COMMITTEE ON UNIFORM ENVIRONMENTAL COVENANTS ACT WILLIAM R. BREETZ, JR., University of Connecticut School of Law, Connecticut Urban Legal Initiative, 35 Elizabeth Street, Room K-202, Hartford, CT 06105, Chair MARION W. BENFIELD, JR., 10 Overlook Circle, New Braunfels, TX 78132 DAVID D. BIKLEN, 153 N. Beacon St., Hartford, CT 06105 STEPHEN C. CAWOOD, 108 ½ Kentucky Ave., P.O. Drawer 128, Pineville, KY 40977-0128 BRUCE A. COGGESHALL, One Monument Sq., Portland, ME 04101 FRANK W. DAYKIN, 2180 Thomas Jefferson Dr., Reno, NV 89509, Committee on Style Liaison THEODORE C. KRAMER, 45 Walnut St., Brattleboro, VT 05301 DONALD E. MIELKE, Ken Caryl Starr Centre, 7472 S. Shaffer Ln., Suite 100, Littleton, CO 80127 LARRY L. RUTH, 530 S. 13th St., Suite 110, Lincoln, NE 68508-2820, Enactment Plan Coordinator HIROSHI SAKAI, 3773 Diamond Head Circle, Honolulu, HI 96815 YVONNE L. THARPES, Legislature of the Virgin Islands, Capitol Building, P.O. Box 1690, St. Thomas, VI 00804 MICHELE L. TIMMONS, Office of the Revisor of Statutes, 700 State Office Bldg., 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 KURT A. STRASSER, University of Connecticut School of Law, 65 Elizabeth St., Hartford, CT 06105-2290, Reporter EX OFFICIO K. -
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg Ownership Rights (In Property) 3 Real vs Personal Property 5 . Personal Property 5 . Real Property 6 . Components of Real Property 6 . Subsurface Rights 6 . Air Rights 6 . Improvements 7 . Fixtures 7 The Four Tests of Intention 7 Manner of Attachment 7 Adaptation of the Object 8 Existence of an Agreement 8 Relationships of the Parties 8 Ownership of Plants and Trees 9 Severance 9 Water Rights 9 Appurtenances 10 Interest in Land 11 Estates in Land 11 Allodial System 11 Kinds of Estates 12 Freehold Estates 12 Fee Simple Absolute 12 Defeasible Fee 13 Fee Simple Determinable 13 Fee Simple Subject to Condition Subsequent 14 Fee Simple Subject to Condition Precedent 14 Fee Simple Subject to an Executory Limitation 15 Fee Tail 15 Life Estates 16 Legal Life Estates 17 Homestead Protection 17 Non-Freehold Estates 18 Estates for Years 19 Periodic Estate 19 Estates at Will 19 Estate at Sufferance 19 Common Law and Statutory Law 19 Copyright by Tony Portararo REV. 08-2014 1 REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Types of Ownership 20 Sole Ownership (An Estate in Severalty) 20 Partnerships 21 General Partnerships 21 Limited Partnerships 21 Joint Ventures 22 Syndications 22 Corporations 22 Concurrent Ownership 23 Tenants in Common 23 Joint Tenancy 24 Tenancy by the Entirety 25 Community Property 26 Trusts 26 Real Estate Investment Trusts 27 Intervivos and Testamentary Trusts 27 Land Trust 27 TEST ONE 29 TEST TWO (ANNOTATED) 39 Copyright by Tony Portararo REV. -
Charter of Fundamental Rights of the European Union
18.12.2000EN Official Journal of the European Communities C 364/1 CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION (2000/C 364/01) 18.12.2000EN Official Journal of the European Communities C 364/3 PROCLAMACIÓN SOLEMNE HØJTIDELIG PROKLAMATION FEIERLICHE PROKLAMATION —`˝˙ˆÕÑÉ˚˙ ˜É`˚˙ÑÕ˛˙ SOLEMN PROCLAMATION PROCLAMATION SOLENNELLE FORÓGRA SOLLÚNTA PROCLAMAZIONE SOLENNE PLECHTIGE AFKONDIGING PROCLAMA˙ˆO SOLENE JUHLALLINEN JULISTUS HÖGTIDLIG PROKLAMATION 18.12.2000EN Official Journal of the European Communities C 364/5 El Parlamento Europeo, el Consejo y la Comisión proclaman solemnemente en tanto que Carta de los Derechos Fundamentales de la Unión Europea el texto que figura a continuación. Europa-Parlamentet, Rådet og Kommissionen proklamerer hłjtideligt den tekst, der fłlger nedenfor, som Den Europæiske Unions charter om grundlæggende rettigheder. Das Europäische Parlament, der Rat und die Kommission proklamieren feierlich den nachstehenden Text als Charta der Grundrechte der Europäischen Union. Ôï ¯ıæøðÆœŒü ˚ïØíïâïýºØï, ôï ÓıìâïýºØï ŒÆØ ç ¯ðØôæïðÞ äØÆŒçæýóóïıí ðÆíçªıæØŒÜ, øò ×Üæôç ¨åìåºØøäþí ˜ØŒÆØøìÜôøí ôçò ¯ıæøðÆœŒÞò ‚íøóçò, ôï Œåßìåíï ðïı ÆŒïºïıŁåß. The European Parliament, the Council and the Commission solemnly proclaim the text below as the Charter of fundamental rights of the European Union. Le Parlement europØen, le Conseil et la Commission proclament solennellement en tant que Charte des droits fondamentaux de l’Union europØenne le texte repris ci-aprŁs. Forógraíonn Parlaimint na hEorpa, an Chomhairle agus an Coimisiœn go sollœnta an tØacs thíos mar an Chairt um Chearta Bunœsacha den Aontas Eorpach. Il Parlamento europeo, il Consiglio e la Commissione proclamano solennemente quale Carta dei diritti fondamentali dell’Unione europea il testo riportato in appresso. Het Europees Parlement, de Raad en de Commissie kondigen plechtig als Handvest van de grondrechten van de Europese Unie de hierna opgenomen tekst af. -
The Corporate Personality in American Law: a Summary Review
University of Connecticut OpenCommons@UConn Faculty Articles and Papers School of Law 1990 The orC porate Personality in American Law: A Summary Review Phillip Blumberg University of Connecticut School of Law Follow this and additional works at: https://opencommons.uconn.edu/law_papers Part of the Business Organizations Law Commons, Constitutional Law Commons, and the Jurisprudence Commons Recommended Citation Blumberg, Phillip, "The orC porate Personality in American Law: A Summary Review" (1990). Faculty Articles and Papers. 197. https://opencommons.uconn.edu/law_papers/197 +(,121/,1( Citation: 38 Am. J. Comp. L. Supp. 49 1990 Content downloaded/printed from HeinOnline (http://heinonline.org) Mon Aug 15 16:46:51 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0002-919X TOPIC I.B.2. PHILLIP I. BLUMBERG The Corporate Personality in American Law: A Summary Review I. TRADITIONAL THEORIES OF THE NATURE OF THE CORPORATE PERSONALITY Although recognition of the separate legal personality of the corporation with existence as a juridical entity, separate from its shareholders, goes back centuries, there has been worldwide contro- versy as to the exact nature of the corporation as a legal institution. In the United States, this development has gone through three stages and is now entering a fourth. -
State of New Hampshire Supreme Court
State of New Hampshire Supreme Court NO. 2009-0623 2010 TERM FEBRUARY SESSION In the Matter of Milena Matyas and John Toth RULE 7 APPEAL OF FINAL DECISION OF NEWPORT FAMILY DIVISION COURT BRIEF OF RESPONDENT/APPELLANT JOHN TOTH By: Joshua L. Gordon, Esq. NH Bar ID No. 9046 Law Office of Joshua L. Gordon 26 S. Main St., #175 Concord, NH 03301 (603) 226-4225 TABLE OF CONTENTS TABLE OF AUTHORITIES.................................................... ii QUESTIONS PRESENTED.................................................... 1 STATEMENT OF FACTS AND STATEMENT OF THE CASE....................... 2 SUMMARY OF ARGUMENT.................................................. 4 ARGUMENT................................................................ 5 I. Ms. Matyas’s Interest in Hungarian Property Must be Included in Marital Estate.................................................... 5 A. Hungarian Property Law..................................... 5 1. Usufruct............................................ 6 2. Multiple Owners..................................... 6 B. Parties’ Understanding of Hungarian Property Law................ 7 C. Usufruct in American Law.................................... 8 D. New Hampshire’s Broad Definition of Property Includes Usufruct.... 9 E. Hungarian Usufruct Must be Included in Marital Estate............ 10 II. Value of the Hungarian Usufruct to the Marital Estate................... 11 A. Usufruct has Value......................................... 12 B. Method of Valuation....................................... 14 CONCLUSION............................................................