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Accession (Scots Law)
Accession or Accessio is method of original acquisition of property under Scots property law. It operates to allow property (the accessory) to ''merge with (or accede to)'' another object (the principal), either moveable or heritable (land). Accessio derives from the Roman law concept of the same name. Other jurisdictions employ similar rules. The leading case in this area is said to be ''Brand's Trustees v Brand's Trustees'' ''(1876) 3 R (HL) 16.'' A common example is a tree (the accessory) acceding to the land (the principal), thereby the tree is owned by the owner of the land on which it is planted by the operation of accession. Accession may appear similar to other modes of original acquisition, but each mode has discrete differences. Importantly, accession does not produce a new object (rem) in itself, such as specificatio, accesio merely accessorises one object to another (the principal). Types of Accession There are broadly two types of accession: (1) natural accession ...
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Ownership Of Property In Scots Law
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different parties. The process and mechanics of ownership are fairly complex: one can gain, transfer, and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, win it in a bet, receive it as a gift, inherit it, find it, receive it as damages, earn it by doing work or performing services, make it, or homestead it. One can transfer or lose ownership of property by selling it for money, exchanging it for other property, giving it as a gift, misplacing it, or having it stripped from one's ownership through legal means such as eviction, foreclosure, seizure, or taking. Ownership is self-propagating in that the owner of any property will also own the economic benefits of that pr ...
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Missives Of Sale (Scots Law)
The missives of sale, in Scots property law, are a series of formal letters between the two parties, the Buyer and the Seller, containing the contract of sale for the transfer of corporeal heritable property (land) in Scotland. The term 'land' in this article includes buildings and other structures upon land. Example missives are available to view on the Law Society of Scotland and Property Standardisation Group websites. The missives of sale form the first of three stages required to validly transfer ownership of land in Scotland. The three stages are: # The Contractual Stage (The Missives of Sale) # The Conveyancing Stage # The Registration Stage Principles of the contract and conveyance stages Traditio legal system The contractual stage or ''missives of sale'' only create binding ''personal obligations'' (and their respective ''personal rights'') which are enforceable under the law of obligations ( Scottish contract law). These obligations are usually among other thing ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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Industrial Crop
A nonfood crop, also known as industrial crop, is a crop grown to produce goods for manufacturing, for example fibre for clothing, rather than food for consumption. Purpose Industrial crops is a designation given to an enterprise that attempts to raise farm sector income, and provide economic development activities for rural areas. Industrial crops also attempt to provide products that can be used as substitutes for imports from other nations. Diversity The range of crops with non-food uses is broad, but includes traditional arable crops like wheat, as well as less conventional crops like hemp and Miscanthus. Products made from non-food crops can be categorised by function: See also * Biofuel * Bioplastics * Biopolymer * Cash crops * Cellulosic biofuel * Energy crop * Food vs fuel * Helix of sustainability * Intensive crop farming * National Non-Food Crops Centre * Renewable Energy Renewable energy is energy that is collected from renewable resources that are nat ...
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Pregnancy (mammals)
In mammals, pregnancy is the period of reproduction during which a female carries one or more live offspring from implantation in the uterus through gestation. It begins when a fertilized zygote implants in the female's uterus, and ends once it leaves the uterus. Fertilization and implantation During copulation, the male inseminates the female. The spermatozoon fertilizes an ovum or various ova in the uterus or fallopian tubes, and this results in one or multiple zygotes. Sometimes, a zygote can be created by humans outside of the animal's body in the artificial process of in-vitro fertilization. After fertilization, the newly formed zygote then begins to divide through mitosis, forming an embryo, which implants in the female's endometrium. At this time, the embryo usually consists of 50 cells. Development After implantation A blastocele is a small cavity on the center of the embryo, and the developing embryonary cells will grow around it. Then, a flat layer cell forms on t ...
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Uterus
The uterus (from Latin ''uterus'', plural ''uteri'') or womb () is the organ in the reproductive system of most female mammals, including humans that accommodates the embryonic and fetal development of one or more embryos until birth. The uterus is a hormone-responsive sex organ that contains glands in its lining that secrete uterine milk for embryonic nourishment. In the human, the lower end of the uterus, is a narrow part known as the isthmus that connects to the cervix, leading to the vagina. The upper end, the body of the uterus, is connected to the fallopian tubes, at the uterine horns, and the rounded part above the openings to the fallopian tubes is the fundus. The connection of the uterine cavity with a fallopian tube is called the uterotubal junction. The fertilized egg is carried to the uterus along the fallopian tube. It will have divided on its journey to form a blastocyst that will implant itself into the lining of the uterus – the endometrium, where it will ...
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Avulsion (Common Law Jurisdictions)
In real property law, avulsion refers to a sudden loss of land, which results from the action of water. It differs from accretion, which describes a gradual addition to land resulting from the action of water. Avulsion and riparian owners The distinction between avulsion and accretion becomes important if a river forms the boundary between two riparian owners. In many jurisdictions, if the river changes channels by avulsion, the boundary does not change but remains in the middle of the old channel. For example, the Mississippi River forms the boundary between several U.S. states, and the principle causes states on the lower Mississippi to have occasional pieces of land on the opposite side from the rest of the state. The river changed course quickly in such locations and so the boundaries did not change.) However, as a river gradually changes through accretion, the boundary changes with it. To prove that a change was avulsion and not accretion, it is sufficient, at least under ...
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Alluvium
Alluvium (from Latin ''alluvius'', from ''alluere'' 'to wash against') is loose clay, silt, sand, or gravel that has been deposited by running water in a stream bed, on a floodplain, in an alluvial fan or beach, or in similar settings. Alluvium is also sometimes called alluvial deposit. Alluvium is typically geologically young and is not consolidated into solid rock. Sediments deposited underwater, in seas, estuaries, lakes, or ponds, are not described as alluvium. Floodplain alluvium can be highly fertile, and supported some of the earliest human civilizations. Definitions The present consensus is that "alluvium" refers to loose sediments of all types deposited by running water in floodplains or in alluvial fans or related landforms. However, the meaning of the term has varied considerably since it was first defined in the French dictionary of Antoine Furetière, posthumously published in 1690. Drawing upon concepts from Roman law, Furetière defined ''alluvion'' (the F ...
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Tide
Tides are the rise and fall of sea levels caused by the combined effects of the gravity, gravitational forces exerted by the Moon (and to a much lesser extent, the Sun) and are also caused by the Earth and Moon orbiting one another. Tide tables can be used for any given locale to find the predicted times and amplitude (or "tidal range"). The predictions are influenced by many factors including the alignment of the Sun and Moon, the #Phase and amplitude, phase and amplitude of the tide (pattern of tides in the deep ocean), the amphidromic systems of the oceans, and the shape of the coastline and near-shore bathymetry (see ''#Timing, Timing''). They are however only predictions, the actual time and height of the tide is affected by wind and atmospheric pressure. Many shorelines experience semi-diurnal tides—two nearly equal high and low tides each day. Other locations have a diurnal cycle, diurnal tide—one high and low tide each day. A "mixed tide"—two uneven magnitude ...
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River
A river is a natural flowing watercourse, usually freshwater, flowing towards an ocean, sea, lake or another river. In some cases, a river flows into the ground and becomes dry at the end of its course without reaching another body of water. Small rivers can be referred to using names such as Stream#Creek, creek, Stream#Brook, brook, rivulet, and rill. There are no official definitions for the generic term river as applied to Geographical feature, geographic features, although in some countries or communities a stream is defined by its size. Many names for small rivers are specific to geographic location; examples are "run" in some parts of the United States, "Burn (landform), burn" in Scotland and northeast England, and "beck" in northern England. Sometimes a river is defined as being larger than a creek, but not always: the language is vague. Rivers are part of the water cycle. Water generally collects in a river from Precipitation (meteorology), precipitation through a ...
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Alluvion
Alluvion, is a Roman law method of acquisition of heritable property (land). The typical cause is sediment (alluvium) deposited by a river. This sediment, legally termed ''the accessory, accreses'' (i.e., merges with) a piece of land, the principal, (operating a subtype of the Roman mode of acquisition by accession) and thus accedes to the ownership of the principal land over time. It continues to have relevance in the modern age, as a result of the adoption of Roman property law by modern legal systems, primarily civil law jurisdictions. Scots law is a notable example of the usage of alluvion within the law of accession (accesio). Public international law also recognises the acquisition of sovereignty of virgin territory by operation of nature such as sediment deposits, again following the Roman law principles of alluvion. See also *Alluvial fan *Alluvial plain *Accession (Scots law) Accession or Accessio is method of original acquisition of property under Scots property l ...
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Litigation
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party i ...
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