|
Nec Vi, Nec Clam, Nec Precario
''Nec vi, nec clam, nec precario'', is a Latin legal term meaning 'without force, without secrecy, without permission' or, in an alternative formulation offered, for instance, by Lord Hoffmann, 'not by force, nor stealth, nor the licence of the owner'. It is the principle by which rights may be built up over time, principally public rights of way in the United Kingdom. Specifically, if a path is used – openly, not against protests, but ''without'' permission of the landowner – for an extended period (20 years) then a permanent legal right to such use is usually established. It is often referred to in the context of adverse possession and other land law issues. It is also relevant to the creation of easements whereby the law 'prescribes' an easement in the absence of a deed. In order for the law to do so the right of way or easement needs to have been enjoyed without force, without secrecy, and without permission for a period of time, usually 20 years. Use in Roman law The p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leonard Hoffmann, Baron Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rights Of Way In England And Wales
In England and Wales, other than in the 12 Inner London London boroughs, boroughs and the City of London, the right of way is a legally protected right of the public to pass and re-pass on specific paths. The law in England and Wales differs from Scots law in that rights of way exist only where they are so designated (or are able to be designated if not already), whereas in Scotland any route that meets certain conditions is rights of way in Scotland, defined as a right of way, and in addition, there is a general presumption of access to the countryside ("right to roam"). Private rights of way or easements also exist (see also Highways in England and Wales). Inner London Definitive maps of public rights of way have been compiled for all of England and Wales, as a result of the National Parks and Access to the Countryside Act 1949, except the 12 Inner London boroughs, which, along with the City of London, were not covered by the Act. Definitive maps exist for the Outer London bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Possession
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Common law, Anglo-American common law under which a person who does not have title (property), legal title to a piece of property—usually land (real property)—may acquire legal ownership based on continuous Possession (law), possession or occupation of the property without the permission (licence) of its legal owner. The possession by a person is not adverse if they are in possession as a Tenancy, tenant or licensee of the legal owner. In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easemen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Agraria
The ''Lex Agraria'' can refer to a Roman law proposed in 133 BC during the tribunate of Tiberius Gracchus. The law involved the redistribution of public land, previously owned by the senatorial class, to the lower classes in ancient Rome, using money bequeathed to Rome in the will of Attalus III of Pergamum to purchase the land and provide resources with which the plebeians could start lives farming the land rather than suffering from debt and unemployment in the city. The law was most unpopular with the upper classes, and as a result of this, plus various other factors, Gracchus was murdered by a group of Senators later in the year. However, the law was passed that same year as a result of heavy pressure on the Senate from the Roman populace. The ''Lex Agraria'' can also refer to a law passed in 111 BC between March 15 and the harvest season. This statute recognized the land claims made in Italy, Africa, and Greece since the earlier ''Lex Agraria'' of 133 BC.Johnson, Coleman-Norto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dominium
means "dominion; control; ownership". It is used in some phrases and maxims in legal Latin: *Dominium directum – Direct ownership, that is control of the property, but not necessarily with right to its utilization or alienation. For example, a holder in life tenure has ''dominium directum'' but not ''dominium utile'', because he may control the property but not exhaust its resources. This is to be distinguished from allodial right or fee simple (dominium plenum) and the right retained by the grantor of the life estate who holds the rights to the utilization of the land's resources (''dominium utile''). *Dominium directum et utile – The complete and absolute dominion in property; the union of the title and the exclusive use. Equivalent in nature to ''dominium plenum'' or ''fee simple''. * – The right of eminent domain. * . – Ownership cannot be held in suspense/; property cannot float in an uncertainty. * – Full or complete ownership of an estate; "fee simple". *Dom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cicero
Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, and academic skeptic, who tried to uphold optimate principles during the political crises that led to the establishment of the Roman Empire. His extensive writings include treatises on rhetoric, philosophy and politics, and he is considered one of Rome's greatest orators and prose stylists. He came from a wealthy municipal family of the Roman equestrian order, and served as consul in 63 BC. His influence on the Latin language was immense. He wrote more than three-quarters of extant Latin literature that is known to have existed in his lifetime, and it has been said that subsequent prose was either a reaction against or a return to his style, not only in Latin but in European languages up to the 19th century. Cicero introduced into Latin the arguments of the chief schools of Hellenistic philosophy and created a Latin philosophical vocabulary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pro Tullio
Pro is an abbreviation meaning "professional". Pro, PRO or variants thereof may also refer to: People * Miguel Pro (1891–1927), Mexican priest * Pro Hart (1928–2006), Australian painter * Mlungisi Mdluli (born 1980), South African retired footballer * Derek Minor (PRo; born 1984), hip-hop singer * Mike Awesome (1965–2007), a.k.a. The Pro, American wrestler Michael Lee Alfonso * Pro Wells, American football player Occupations * Prostitute, slang abbreviation * Public relations officer Linguistics * PRO (linguistics) ("big PRO") * pro (linguistics) ("little pro") Political parties * ', (Progressive Party), Chile * ' (Republican Proposal), Argentina * ' (Party for a Rule of Law Offensive), former German party Organizations * ', the Swedish National Pensioners’ Organisation * Performance rights organisation * Producer Responsibility Organisation * Professional Referee Organization, for North American soccer * Provincial Research Organization, Canadian initiatives * P ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aulus Caecina Severus (writer)
Aulus Caecina the son of Aulus Caecina, was an Ancient Roman writer. He took the side of Pompey in the civil wars, and published a violent tirade against Caesar, for which he was banished. He recanted in a work called ''Querelae'', and was pardoned by Caesar following the intercession of his friends, above all, Cicero, who defended him in 69 BC with the speech ''Pro Caecina''. Caecina was regarded as an important authority on the Etruscan system of divination ('' Etrusca Disciplina''), which he endeavoured to place on a scientific footing by harmonizing its theories with the doctrines of the Stoics. Considerable fragments of his work (dealing with lightning) are to be found in Seneca (''Naturales quaestiones'', ii. 31–49). Caecina was on intimate terms with Cicero, who speaks of him as a gifted and eloquent man and was no doubt considerably indebted to him in his own treatise '' De Divinatione''. Some of their correspondence is preserved in Cicero's letters (''Epistulae ad Fa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.svg "Click for more on -> United Kingdom")
