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Migu
Migu or ''miggo'' (translation: "since") (Hebrew: מיגו) is a Talmudic law concept relating to civil law disputes. A migu is a reason that a claim that would otherwise be rejected by a Jewish civil court should be accepted based on the fact that the litigant could have prevailed in the case based on a different claim were he disposed to lie. To be effective, the logic underlying the migu must be impeccable and there are a variety of cases in which the Migu argument is invalid. Example of an effective Migu One classic example of where a Migu does work is in the area of a loan repayment dispute. Where the lender accuses an alleged borrower of defaulting on an oral loan made without witnesses, the borrower may prevail in the case by claiming that the loan did occur, but that it had already been repaid. Normally, when one makes a claim that a loan has been repaid, he would be expected to produce evidence that it had been repaid, such as a receipt A receipt (also known as a ...
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Talmudic Law
Talmudic law is the law that is derived from the Talmud based on the teachings of the Talmudic Sages. * See Talmud or Talmudical Hermeneutics Talmudical hermeneutics (Hebrew: מידות שהתורה נדרשת בהן) defines the rules and methods for investigation and exact determination of meaning of the scriptures in the Hebrew Bible, within the framework of Rabbinic Judaism. This in ... for more information. External linksThe Institute of American and Talmudic Law Talmud Legal concepts Legal systems {{Jewish-hist-stub ...
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Litigant
- 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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Loan
In finance, a loan is the lending of money by one or more individuals, organizations, or other entities to other individuals, organizations, etc. The recipient (i.e., the borrower) incurs a debt and is usually liable to pay interest on that debt until it is repaid as well as to repay the principal amount borrowed. The document evidencing the debt (e.g., a promissory note) will normally specify, among other things, the principal amount of money borrowed, the interest rate the lender is charging, and the date of repayment. A loan entails the reallocation of the subject asset(s) for a period of time, between the lender and the borrower. The interest provides an incentive for the lender to engage in the loan. In a legal loan, each of these obligations and restrictions is enforced by contract, which can also place the borrower under additional restrictions known as loan covenants. Although this article focuses on monetary loans, in practice, any material object might be lent. Ac ...
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Lender
A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption (usually enforced by contract) that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is called the creditor, which is the lender of property, service, or money. Creditors can be broadly divided into two categories: secured and unsecured. *A secured creditor has a security or charge over some or all of the debtor's assets, to provide reassurance (thus to ''secure'' him) of ultimate repayment of the debt owed to him. This could be by way of, for example, a mortgage, where the property represents the security. *An unsecured creditor does not have a charge over the debtor's assets. The term creditor ...
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Default (law)
In law, a default is the failure to do something required by law or to comply with a contractual obligation. Legal obligations can arise when a response or appearance is required in legal proceedings, after taking out a loan, or as agreed in a contract; failure to carry them out puts one in defaults of the obligations. The concept of a "deliberate default" was considered in a UK legal case determined in 2010, '' De Beers UK Ltd. v Atos Origin It Services UK Ltd.'', where a contract had referred to this term. Edwards-Stuart J described "deliberate default" as meaning, in his view, Before the De Beers case there was little judicial guidance on the meaning of "deliberate default". The same term ("deliberate defaulters") has been used by Her Majesty's Revenue and Customs (HMRC) in the UK to describe "people who deliberately get their tax affairs wrong". Default in legal proceedings Failure to appear at a required time in legal proceedings can constitute a default. In the United ...
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Receipt
A receipt (also known as a packing list, packing slip, packaging slip, (delivery) docket, shipping list, delivery list, bill of the parcel, manifest, or customer receipt) is a document acknowledging that a person has received money or property in payment following a sale or other transfer of goods or provision of a service. All receipts must have the date of purchase on them. If the recipient of the payment is legally required to collect sales tax or VAT from the customer, the amount would be added to the receipt, and the collection would be deemed to have been on behalf of the relevant tax authority. In many countries, a retailer is required to include the sales tax or VAT in the displayed price of goods sold, from which the tax amount would be calculated at the point of sale and remitted to the tax authorities in due course. Similarly, amounts may be deducted from amounts payable, as in the case of taxes withheld from wages. On the other hand, tips or other gratuities that a ...
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