24. Mortgages and charges

2016 ◽  
Author(s):  
Judith-Anne MacKenzie
Keyword(s):  
Third Parties ◽  
The Law ◽  
The Right

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the types of mortgages or charges of land and interests in land which may be created. It also considers the rules regarding their administration and their protection against later acquirers of interests in the land. The discussions cover legal mortgages and charges; equitable mortgages; the rights of the mortgagor; the rights of the mortgagee; mortgagee’s remedies; the right of certain third parties to redeem; the liability of mortgagees, receivers, and valuers for fraud or negligence; the end of a mortgage

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

scholarly journals The partial waiver of the rights and partial invalidation of rights to the invention

2021 ◽  
pp. 51-59
Author(s):  
Petro Borovyk
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Legal Certainty ◽  
Utility Model ◽  
Patent Owner ◽  
The Third ◽  
Utility Models ◽  
The Law ◽  
State Registration ◽  
The Right

Borovyk P. The partial waiver of the rights and partial invalidation of rights to the invention. In view of changes in the Law of Ukraine «About protection of rights for inventions and utility models» introduced according to the Law No. 816-IX as of 21.07.2020, it is implied that a patent owner can waive rights provided by a state registration of an invention (utility model) fully or partially, and a court can render the rights for the invention (utility model) invalid fully or partially. The partial waiver of the rights or rendering the rights invalid causes a number of issues on a rather frequent basis, in particular, regarding a certain procedure of defining the entire scope of rights according to the patent and a portion of these rights. Since the scope of rights is defined by claims, the partial waiver of the rights or the partial rendering the rights invalid substantially represents a change of the scope of rights, which are defined by the claims as published. The patent may be granted for a group of inventions. In such case, the scope of rights shall be defined by the claims that comprise several independent claims. Here, the partial waiver of the rights for the invention may be carried out by waiving one or several independent claims at the discretion of the patent owner or by rendering one or several independent claims invalid by the court. Therewith, the scope of rights that is defined during conduction of an examination for another invention of the group of inventions, which are mentioned in a single protection document (patent), is not changed. The partial waiver or the partial rendering the rights for the invention invalid for the claims having one independent claim is a more problematic case. A key aspect of this problem is an influence of the proposed amendments of the claims onto the scope of rights for the invention and its correspondence with the requirements for granting a legal protection. More specifically, it is an establishment of a fact of reduction of the scope of rights when introducing the proposed amendments into the independent claim and examination of a new version of the independent claim for compliance with the requirements of patentability. An important aspect also lies in establishment of a balance of interests of the patent owner and third parties. The patent owner will receive a mechanism of implementation of the right for protection of allowable embodiments of the invention, while the third parties will receive a right for a legal certainty by means of an analysis of the scope of rights of the new version of the claims. The article discloses grounds for waiving the rights for the invention and the mechanism for implementation of the waiver under the legislation in force both for the case of the group of inventions and for the partial waiver or the partial rendering the rights for the invention invalid with the claims having one independent claim. Keywords: scope of rights, independent and dependent claims, amendment to claims, proceedings

20. Freehold Covenants

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Parties ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
The Difference ◽  
Concept Building ◽  
The Right ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.

Confidentiality and Patients’ Records: Balancing the Interests of Society and the Individual

1979 ◽  
Vol 7 (1) ◽  
pp. 49-70
Author(s):  
Robert E. Paul
Keyword(s):  
Third Parties ◽  
Legal Cases ◽  
The Law ◽  
The Individual ◽  
The Right ◽  
Privileged Communications ◽  
Physician Patient ◽  
Do So

This article defines and describes the interrelated but conceptually distinct terms “confidentiality,” “privilege,” “privileged communications,” “privacy,” and “records.” It reviews the parameters of these words, discusses the variance between the extent of the physician-patient and that of the much broader licensed psychologist-patient privilege in Pennsylvania and, in particular, reviews the situations in which assertions of confidentiality and privilege cannot prevent third parties from gaining access to records and the information contained in them and the legal cases which set out the law in these areas. Finally, it reviews the demands to see records by patients and the increasing willingness of courts, legislators, and regulators to grant not only access but also the right to correct, add to, or destroy such records if the patient wishes to do so.

Rescission and its Effect on Restitution

1984 ◽  
Vol 19 (3-4) ◽  
pp. 388-439 ◽  
Author(s):  
Sinai Deutch
Keyword(s):  
Civil Law ◽  
Third Parties ◽  
Specific Performance ◽  
The Law ◽  
The Right

Rescission is one of the most important activities in the law of contract. The right or the possibility to rescind is no less important than the right to specific performance or damages. Indeed, in many cases, when specific performance is either undesired or impossible, and no harm entitling damages has been caused, it will be the major right.Despite this importance, Israeli contract laws have left many questions regarding rescission open (e.g. the character of the rescission, its range, contents and results regarding both contracting parties and third parties). The silence of the Israeli legislature in these matters is typical of Israeli civil law legislation in which major areas of law are condensed into a few laconic provisions. This attitude leaves much room for construction of the statute and for judicial legislation.

scholarly journals KEABSAHAN SERTIFIKAT JAMINAN FIDUSIA ATAS BARANG MILIK PIHAK KETIGA YANG DIJAMINKAN SECARA MELAWAN HUKUM

2018 ◽  
Vol 4 (1) ◽  
pp. 22
Author(s):  
Anita Kamilah
Keyword(s):  
National Development ◽  
Legal Protection ◽  
Third Parties ◽  
Economic Activities ◽  
Community Effort ◽  
The Law ◽  
Fiduciary Relationships ◽  
The Government ◽  
To Come ◽  
The Right

Sustainability of national development is the increase in the life of the community effort that is supported through the granting of credit facilities or loans, as the provision of money or bills that can be equated with that loan agreement borrow the returns are made on a period of time to come. In order to provide protection and reassurance against creditors in obtaining her credit refund, the Government ratified the Act No. 42 Year 1999 About the Fiduciary Guarantee gives the right to the lender through fiduciary certificates as material warranties that are submitted on the basis of trust, where the owner can still use his guarantee for economic activities. The ease, often abused the debtor not good intentioned one through the securing of objects belonging to third parties fiduciary are against the law to the detriment of creditors because it resulted in no fiduciary guarantee legitimately so the lender no longer has the right to obtain payment preferent precedence if the debtor tort in fulfilling the obligation payment of his credit. In addition, the owners of goods that harms his ownership was made the object of a fiduciary guarantee. Legal protection for owners of goods due to the securing of objects that are against the law of fiduciary relationships can do the prosecution indemnity as well as requesting removal of the disturbances a pleasure over the right material.Keywords: Fiduciary Certificates, Credit, Against The Law, Torts.

20. Freehold Covenants

2019 ◽  
pp. 613-658
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Parties ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
The Difference ◽  
Concept Building ◽  
The Right ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.

scholarly journals Restrictions of private owner’s rights to a land plot

2019 ◽  
Vol 135 ◽  
pp. 04067
Author(s):  
Dmitry Bobrov
Keyword(s):  
Public Relations ◽  
Environmental Protection ◽  
Third Parties ◽  
Economic Rights ◽  
Land Plot ◽  
Intended Purpose ◽  
The Law ◽  
Private Owner ◽  
The Right ◽  
Selection Of

This article discusses restrictions on the rights of the owner of a land plot in the Russian legislation related to environmental protection. Urgency of the issues of restricting the rights of a private owner to a land plot lies in the size of limits of such restrictions in order to comply with the interests of third parties, as well as to preserve the environment. This reason is becoming more popular and often proposals are being considered to increase measures aimed at protecting nature with a revision of the owner’s exclusive rights to a land plot. During the study, such suggestions were highlighted as: possibility of the land plot owner to initiate the impossibility of using the land for its intended purpose in connection with classifying such a land as land that authorities are required to withdraw in accordance with the law; provide the owner of the land plot, including common owners, the right to dispose of tree-shrub vegetation located on such a plot. In connection with selection of proposals, it was concluded that it is necessary to amend Russian legislation to the legal acts regulating the above mentioned relations. We believe that in the era of global transformations, these proposals will be timely, improve public relations and meet the requirements for protecting both the economic rights of owners and the environment.

22. Mortgages and charges

2018 ◽  
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Third Parties ◽  
Land Law ◽  
The Law ◽  
The Right

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the types of mortgages or charges of land and interests in land which may be created. It also considers the rules regarding their administration and their protection against later acquirers of interests in the land. The discussions cover legal mortgages and charges; equitable mortgages; the rights of the mortgagor; the rights of the mortgagee; mortgagee’s remedies; the right of certain third parties to redeem; the liability of mortgagees, receivers, and valuers for fraud or negligence; the end of a mortgage.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 61 Mexico: Mexican Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Albornoz María Mercedes ◽  
Martín Nuria González
Keyword(s):  
Latin America ◽  
Comparative Law ◽  
Third Parties ◽  
Private International Law ◽  
Party Autonomy ◽  
Formal Validity ◽  
The Hague ◽  
The Law ◽  
Lex Mercatoria ◽  
The Right

This chapter explores Mexican perspectives on the Hague Principles. The Inter-American Convention on the Law Applicable to International Contracts (the Mexico Convention) includes party autonomy in Article 7, according to which ‘the contract shall be governed by the law chosen by the parties’. This rule admits express and also tacit choice of law, provided the latter is ‘evident from the parties’ behaviour and the clauses of the contract, considered as a whole’. Following this provision, the parties to the international contract can select the law applicable to the entire contract or to a part of it. Moreover, Article 8 establishes that the parties can at any time make or modify their choice, but such new choice ‘shall not affect the formal validity of the contract nor the right of third parties’. The chapter then considers the existence of a Project of Private International Law Act for Mexico, developed within the Mexican Academy of Private International and Comparative Law (AMEDIP). For the topic of international contracts, the project literally incorporates the provisions of the Mexico Convention. Here, the Hague Principles could bring enhanced precision on the lex mercatoria as the object of the parties’ choice.

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