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Nemo Dat Quod Non Habet
''Nemo dat quod non habet'', literally meaning "no one can give what they do not have", is a legal rule, sometimes called the ''nemo dat'' rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. It is equivalent to the civil (continental) ''Nemo plus iuris ad alium transferre potest quam ipse habet'' rule, which means "one cannot transfer to another more rights than they have". The rule usually stays valid even if the purchaser does not know that the seller has no right to claim ownership of the object of the transaction (a ''bona fide'' purchaser); however, in many cases, more than one innocent party is involved, making judgment difficult for courts and leading to numerous exceptions to the general rule that aim to give a degree of protection to ''bona fide'' purchasers and original owners. The possession of the good of title will be with the original owner. United States In American law, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ownership
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recording (real Estate)
The vast majority of states in the United States employ a system of recording legal instruments (otherwise known as deeds registration) that affect the title of real estate as the exclusive means for publicly documenting land titles and interests. This system differs significantly from land registration systems, such as the Torrens system that have been adopted in a few states. The principal difference is that the recording system does not determine who owns the title or interest involved, which is ultimately determined through litigation in the courts. The system provides a framework for determining who the law will protect in relation to those titles and interests when a dispute arises. Creation The recording systems are established by state statute. They usually provide for the office of a recorder in each county or other jurisdiction. The names of these offices are usually the "Recorder of Deeds" or something similar. State statutes also prescribe the following elements: #Wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marché Ouvert
Market overt or ''marché ouvert'' (Law French for "open market") is an English legal concept originating in mediaeval times governing subsequent ownership of stolen goods. The rule was abolished in England and Wales but it is still good law in some common law jurisdictions such as Hong Kong and British Columbia. In general, the sale of stolen goods does not convey effective title (''see Nemo dat quod non habet''). However, under 'marché ouvert', if goods were openly sold in designated markets between sunrise and sunset, provenance could not be questioned and effective title of ownership was obtained. The law originated centuries ago when people did not travel much; if the victim of a theft did not bother to look in his local market on market day—the only place where the goods were likely to be—he was not being suitably diligent. The Sale of Goods (Amendment) Act 1994, whose sole purpose was to abolish Market Overt and its equivalent in Wales, took effect in January 1995. One ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sale Of Goods (Amendment) Act 1994
Market overt or ''marché ouvert'' (Law French for "open market") is an English legal concept originating in mediaeval times governing subsequent ownership of stolen goods. The rule was abolished in England and Wales but it is still good law in some common law jurisdictions such as Hong Kong and British Columbia. In general, the sale of stolen goods does not convey effective title (''see Nemo dat quod non habet''). However, under 'marché ouvert', if goods were openly sold in designated markets between sunrise and sunset, provenance could not be questioned and effective title of ownership was obtained. The law originated centuries ago when people did not travel much; if the victim of a theft did not bother to look in his local market on market day—the only place where the goods were likely to be—he was not being suitably diligent. The Sale of Goods (Amendment) Act 1994, whose sole purpose was to abolish Market Overt and its equivalent in Wales, took effect in January 1995. One ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Car Boot Sales
Car boot sales or boot fairs are a form of market in which private individuals come together to sell household and garden goods. They are popular in the United Kingdom, where they are often referred to simply as 'car boots'. Some scientific research has studied people's shopping habits at car boot sales. These groups of scientists see the rotation of surplus household stock as essential as it prevents waste and disposal costs, and also produces a small community where thriftiness and entrepreneurship flourish. The term "car boot sale" refers to the selling of items from a car's boot. Although a small proportion of sellers are professional traders selling goods, or indeed browsing for items to buy, most of the goods on sale are used personal possessions. Car boot sales are a way of attracting a large group of people in one place to recycle useful but unwanted domestic items that otherwise might have been thrown away. Car boot sales generally take place in the summer months. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commentaries On The Laws Of England
The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and because they met a need. The ''Commentaries'' are often quoted as the definitive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Market Town
A market town is a settlement most common in Europe that obtained by custom or royal charter, in the Middle Ages, a market right, which allowed it to host a regular market; this distinguished it from a village or city. In Britain, small rural towns with a hinterland of villages are still commonly called market towns, as sometimes reflected in their names (e.g. Downham Market, Market Rasen, or Market Drayton). Modern markets are often in special halls, but this is a recent development, and the rise of permanent retail establishments has reduced the need for periodic markets. Historically the markets were open-air, held in what is usually called (regardless of its actual shape) the market square (or "Market Place" etc), and centred on a market cross ( mercat cross in Scotland). They were and are typically open one or two days a week. History The primary purpose of a market town is the provision of goods and services to the surrounding locality. Although market towns were kno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shogun Finance Ltd V Hudson
''Shogun Finance Ltd v Hudson'' 003UKHL 62is an English contract law case decided in the House of Lords, on the subject of mistaken identity as a basis for rescission of a contract. The case has been the subject of much criticism in failing to effectively clarify the area of mistake to identity. Facts A rogue went to a dealer to buy a Mitsubishi Shogun on hire purchase. The rogue told them that his name was Mr Patel and produced Mr Patel’s driving licence. The dealer communicated with Shogun Finance, which did a credit check on Mr Patel. Finding no problems, Shogun Finance authorized the hire purchase agreement and the rogue drove away. The rogue then sold the car to Mr Norman Hudson, who had no knowledge that the vehicle belonged to Shogun Finance and was subject to an apparent hire purchase agreement. Shogun Finance brought a claim against Mr Hudson for the return of its vehicle. Mr Hudson relied on section 27 of the Hire Purchase Act 1964, which creates a statutory exceptio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Central Newbury Car Auctions Ltd V Unity Finance Ltd
Central is an adjective usually referring to being in the center of some place or (mathematical) object. Central may also refer to: Directions and generalised locations * Central Africa, a region in the centre of Africa continent, also known as Middle Africa * Central America, a region in the centre of America continent * Central Asia, a region in the centre of Eurasian continent * Central Australia, a region of the Australian continent * Central Belt, an area in the centre of Scotland * Central Europe, a region of the European continent * Central London, the centre of London * Central Region (other) * Central United States, a region of the United States of America Specific locations Countries * Central African Republic, a country in Africa States and provinces * Blue Nile (state) or Central, a state in Sudan * Central Department, Paraguay * Central Province (Kenya) * Central Province (Papua New Guinea) * Central Province (Solomon Islands) * Central Province, Sri Lank ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mercantile Bank Of India Ltd V Central Bank Of India
Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market. An early form of trade, barter, saw the direct exchange of goods and services for other goods and services, i.e. trading things without the use of money. Modern traders generally negotiate through a medium of exchange, such as money. As a result, buying can be separated from selling, or earning. The invention of money (and letter of credit, paper money, and non-physical money) greatly simplified and promoted trade. Trade between two traders is called bilateral trade, while trade involving more than two traders is called multilateral trade. In one modern view, trade exists due to specialization and the division of labour, a predominant form of economic activity in which individuals and groups concentrate on a small aspect of production, but use their output in trades for other products an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Farquharson Bros V C King & Co Ltd
Farquharson ( or ) is a surname of Scottish origin, and may refer to: * Ashley Farquharson (born 1999), American luger * Donald Farquharson (1925–2000), Welsh-Canadian sportsman * Donald Farquharson (1834–1903), Canadian politician from Prince Edward Island; premier of Prince Edward Island 1898–1901 *Francis Edward Henry Farquharson (1837–1875), Scottish recipient of the Victoria Cross *Henry Richard Farquharson (1857-1895) English politician *Henry Farquharson (1675-1739) Scottish-Russian mathematician *Hugh Farquharson (1911–1985), Canadian Olympic ice hockey player *Joseph Farquharson (1846–1935), Scottish landscape painter *Lady Anne Farquharson-MacKintosh (1723–1787), Scottish Jacobite of the Clan Farquharson *Martha Durward Farquharson (1847–1929), Irish-born Australian hospital matron and owner *Nick Farquharson (born 1988), English professional football player *Norman Farquharson (1907–1992) South African tennis player *Robert Farquharson (born 1969), Aust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
