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Transfer Of Corporeal Heritable Property By Disposition (Scots Law)
A disposition in Scots law is a formal deed transferring ownership of corporeal heritable property. It acts as the conveyancing stage as the second of three stages required in order to voluntarily transfer ownership of land in Scotland. The three stages are: # The Contractual Stage (The Missives of Sale) # The Conveyancing Stage # The Registration Stage In the conveyancing stage of the transfer of ownership of land, a formal document called a ''disposition,'' is created and subscribed by the ''Dispone''r (the person granting the disposition or 'the Seller') and the ''Disponee'' (the person receiving the disposition or 'the Buyer'). Example dispositions are available to view on the Property Standardisation Group website. Principles of transfer: why dispositions are required in Scots Law An absolute singular (unititular) right of ownership Scots law follows the Roman law principle that the right of ownership in property (for definition of term see above) is absolute. Other leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Floating Charge
A floating charge is a security interest over a fund of changing assets of a company or other legal person. Unlike a fixed charge, which is created over ascertained and definite property, a floating charge is created over property of an ambulatory and shifting nature, such as receivables and stock. The floating charge 'floats' or 'hovers' until the point at which it is converted ("crystallised") into a ''fixed charge'', attached to specific assets of the business. This crystallisation can be triggered by a number of events. In most common law jurisdictions it is an implied term in the security documents creating floating charges that a cessation of the company's right to deal with the assets (including by reason of insolvency proceedings) in the ordinary course of business leads to automatic crystallisation. Additionally, security documents will usually include express terms that a default by the person granting the security will trigger crystallisation. In most countries float ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sources Of Law
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity. Jurisprudence The perceived authenticity of a source of law may rely on a choice of jurisprudence analysis. Tyrants such as Kim Jong-un may wield ''De facto'' power, Austin's "command theory of law" asserts that to be effective, law must have a sovereign and a sanction to back it up. but critics would say he does not exercise power from a ''de jure'' (or legitimate) source. After WWII it was not a valid defence at Nuremberg to say "I was only obeying orders", and the victors hanged Nazis for breaching " universal and eternal standards of right and wrong". Over decades and centuries, principles of law have been derived from customs. The divine right of kings, natural and legal rights, human rights, civil rights, and common law are early unwritten s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Keeper Of The Registers Of Scotland
, type = Non-ministerial government department , seal = , logo = Registers of Scotland logo.svg , logo_width = , logo_caption = , formed = , jurisdiction = Scotland , headquarters = Meadowbank House, 153 London Road, Edinburgh EH8 7AU , employees = ~ 1,300 , budget = , minister1_name = Ben Macpherson (politician) , minister1_pfo = Cabinet Secretary for Finance , chief1_name = Jennifer Henderson , chief1_position = Keeper of the Registers of Scotland , chief2_name = , chief2_position = , chief3_name = , chief3_position = , chief4_name = , chief4_position = , chief5_name = , chief5_position = , chief6_name = , chief6_position = , chief7_name = , chief7_position = , chief8_name = , chief8_position = , chief9_name = , chief9_position = , parent_department = , website = Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warranty
In contract law, a warranty is a promise which is not a condition of the contract or an innominate term: (1) it is a term "not going to the root of the contract",Hogg M. (2011). ''Promises and Contract Law: Comparative Perspectives''p. 48 Cambridge University Press. and (2) which only entitles the innocent party to damages if it is breached: i.e. the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not a guarantee. It is a mere promise. It may be enforced if it is breached by an award for the legal remedy of damages. A warranty is a term of a contract. Depending on the terms of the contract, a product warranty may cover a product such that a manufacturer provides a warranty to a consumer with which the manufacturer has no direct contractual relationship. A warranty may be express or implied. An express warranty is expressly stated (typically, written); whether or not a term will be implied int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assignment (law)
An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process e whereby a person, the ''assignor'', transfers rights or benefits to another, the ''assignee''.For the assignment of claim seTrans-Lex.org/ref> An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee. The right or benefit being assigned may be a gift (such as a waiver) or it may be paid for with a contractual consideration such as money. The rights may be vested or contingent,. and may include an equitable interest. Mortgages and loans are relatively straightforward and amenable to assignment. An assignor may assign rights, such as a mortgage note issued by a third party borrower, and this would require the latter to make repayments to the assignee. A related concept of assignment is novation wherein, by agreement with all parties, one contracting party is replaced by a new party. While novatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled ''Senators of the College of Justice'' or '' Lords of Council and Session''.Information on composition: Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. It will hear appeals on questions of law from the Sheriff Appeal Court. It will also sit as a court of first instance in rare instances. The Inner House is always a panel of at least thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Registers Of Scotland
Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 20 public registers. The official responsible with maintaining the Registers of Scotland is the Keeper of the Registers of Scotland (known simply as the Keeper). By Ex officio member, ex officio, the Keeper of the Registers of Scotland is also the Great Seal of Scotland, Deputy Keeper of the Great Seal of Scotland. The Keeper of the Registers of Scotland should not be confused with the Keeper of the National Records of Scotland, Records of Scotland. History of Public Records & Registration The first official tasked with the care and administration of the public registers was first recorded in the role of ''Clericus Rotulorum'' (Clerk of the Rolls) in the Kingdom of Scotland in 1286. Registers, rolls and records were kept in Edinburgh Castle from about the 13th century. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alan Rodger, Baron Rodger Of Earlsferry
Alan Ferguson Rodger, Baron Rodger of Earlsferry, (18 September 1944 – 26 June 2011) was a Scottish academic, lawyer, and Justice of the Supreme Court of the United Kingdom. He served as Lord Advocate, the senior Law Officer of Scotland, before becoming Lord Justice General and Lord President of the Court of Session, the head of the country's judiciary. He was then appointed a Lord of Appeal in Ordinary (Law Lord) and became a Justice of the Supreme Court when the judicial functions of the House of Lords were transferred to that Court. Early life and career Alan Rodger was born on 18 September 1944 in Glasgow, to Professor T Ferguson Rodger, Professor of Psychological Medicine at the University of Glasgow, and Jean Margaret Smith Chalmers, and educated at the independent Kelvinside Academy in the city. He studied at the University of Glasgow, graduating with an MA, and at the University's School of Law, taking an LLB. He then studied at New College, Oxford—under Da ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transfer Of Corporeal Heritable Property By Disposition (Scots Law)
A disposition in Scots law is a formal deed transferring ownership of corporeal heritable property. It acts as the conveyancing stage as the second of three stages required in order to voluntarily transfer ownership of land in Scotland. The three stages are: # The Contractual Stage (The Missives of Sale) # The Conveyancing Stage # The Registration Stage In the conveyancing stage of the transfer of ownership of land, a formal document called a ''disposition,'' is created and subscribed by the ''Dispone''r (the person granting the disposition or 'the Seller') and the ''Disponee'' (the person receiving the disposition or 'the Buyer'). Example dispositions are available to view on the Property Standardisation Group website. Principles of transfer: why dispositions are required in Scots Law An absolute singular (unititular) right of ownership Scots law follows the Roman law principle that the right of ownership in property (for definition of term see above) is absolute. Other leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kingdom Of Scotland
The Kingdom of Scotland (; , ) was a sovereign state in northwest Europe traditionally said to have been founded in 843. Its territories expanded and shrank, but it came to occupy the northern third of the island of Great Britain, sharing a land border to the south with England. It suffered many invasions by the English, but under Robert the Bruce it fought a successful War of Independence and remained an independent state throughout the late Middle Ages. Following the annexation of the Hebrides and the Northern Isles from Norway in 1266 and 1472 respectively, and the final capture of the Royal Burgh of Berwick by England in 1482, the territory of the Kingdom of Scotland corresponded to that of modern-day Scotland, bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the southwest. In 1603, James VI of Scotland became King of England, joining Scotland with England in a personal union. In 1707, during the reign ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Scotland
The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council of bishops and earls, with the first identifiable parliament being held in 1235 during the reign of Alexander II, when it already possessed a political and judicial role. A unicameral institution, for most of its existence the Parliament consisted of the three estates of clergy, nobility, and the burghs. By the 1690s it comprised the nobility, the shires, the burghs, and various officers of state. Parliament gave consent for the raising of taxation and played an important role in the administration of justice, foreign policy, war, and the passing of a broad range of legislation. Parliamentary business was also carried out by "sister" institutions, such as General Councils or Conventions of Estates, which could both carry out much bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
