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The purpose of this study was to find out about Notary’s responsibility and its legal consequences towards authentic deeds that has been canceled by the court upon the parties’s request. The method that used in this study is study of literature. The data collection tool implemented in this study was a mechanism for collecting legal materials by searching for literature and other information using online searches via the internet and offline through books and journals to complete this research. The research of this study shows that Notary’s responsibility that has ben cancelled by the court is based on Law Number 2 of 2014 concerning amendments to Law Number 30 of 2014 concerning Notary Position towards material evidentiary inside the authentic deeds that has been made by the Notary and its legal consequences on the authentic deeds if the authentic deeds does not meet the requirements regarding the form, is canceled in court against the cancellation of the deed issued by a Notary, which results in a deed being null and void by law. [ABSTRACT FROM AUTHOR]

Copyright of Tiempos Modernos is the property of Tiempos Modernos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article reviews a decision of the High Court not to follow the dictum of the Court of Appeal in Antons Trawling Co Ltd v Smith that no consideration is required to support a contractual variation if the agreement is acted upon and is not the product of illegitimate pressure. In what follows it is argued that the Judge was correct not to do so. Every variation has the effect of discharging the original contractual obligation and substituting it with a revised obligation. How is the release of the original obligation effected? Accrued obligations are guarded jealously by the common law and generally speaking are not released except for valuable consideration or under deed. The promisee does not discharge an accrued obligation by simply renouncing it. Existing authority distinguishes between the variation (and discharge) of obligations occurring under deeds and those occurring under simple contracts, and also between variations and discharges occurring before breach and those occurring after breach. None of the relevant cases appear to have been cited to the Court of Appeal in Antons Trawling and the dictum contradicts a mass of established authority on the discharge of existing obligations occurring on a variation. [ABSTRACT FROM AUTHOR]

The article focuses on how parties use bond for deed contracts and treatment of a bond for deed contract as a sale protects the parties, clarifies applicable law, and gives effect to the true nature of this contract in Louisiana.

The article focuses on several U.S. courts cases related to real property. Topics discussed include Croix Holdings, LLC v. City of Newport related to revocation of a conditional use permit moved for summary judgment and TC Investment Group, LLC v. King on requirement for support a contract for deed with sale of the property, and three days later, decedent executed a warranty deed in fulfillment.

The article discusses a ruling by the New South Wales Supreme Court (Court of Appeal) in the 2014 case Johnston v. Brightstars Holding Co. Pty. Ltd. which deals with a Deed of Settlement, variations of contract terms, and pre-contractual negotiations. Evidence and liability of payments are mentioned, along with decisions by a trial judge and the legal aspects of admissions. An estoppel legal doctrine is examined, as well as the pre- and post-settlement conduct of the various parties.

The article focuses on the British court case Serious Organised Crime Agency (SOCA) v. Szepietowski, which dealt with claims of marshalling, which is a form of asset recovery. Topics include asset recovery regimes in Great Britain, receiving orders, and the common law governing personal debt. Information is provided on the use of marshalling for personal debt and the construction of deed settlements.

Declaration of free and serious will represents merely one of the prerequisites which have to be fulfilled as per incidence of a valid legal deed. The validity of legal deeds is conditioned as to whether the declaration of will is aimed towards the elements which are necessary with respect to the incidence of a legal deed and the legally relevant consequences which arise thereof, as well. Namely, each legal deed has its component elements which effect its creation, modification and completion. Thus, the significance of these elements is not at the same level, i.e. is not identical. Therefore, certain elements have essential significance in the incidence of the legal deed and in their absence the validity of the legal deed is absent. The second and third category of elements are not related to incidence and endurance of the legal deed, however, they have significant role in its supplementation and their modification. In accordance with their features and their significance in relation to the incidence of the legal deed, the elements of the legal deed are categorized as essential elements (essentialia negotii), natural elements (naturalia negotii) and accidental elements (accidentalia negotii). [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Richall Holdings v Fitzwilliam, holds that Malory v Cheshire Homes is binding in relation to the Land Registration Act 2002. Newey J saw himself as bound by that decision because he could find no relevant distinction between the provisions of the Land Registration Act 1925, and the Land Registration Act 2002. There are however significant differences in the general system of registration that is established. In particular the different roles of section 20 LRA 1925, and section 29 LRA 2002 mean that Malory was not binding and indeed ought not to have been followed. In addition, the treatment of the priorities rules in Richall misinterprets section 29 LRA 2002. Finally, the decision by-passes the rectification and indemnity provisions of schedules 4 and 8. The decision ought to be overruled. [ABSTRACT FROM AUTHOR]

The article discusses the role of a bar against rescinding completed contracts of conveyance for non-fraudulent misrepresentation (conveyance bar) in common law jurisdictions such as Australia as of February 2013, focusing on Australia's land title registration system. The application of a conveyance bar to sales of land is addressed, along with deeds and a right of way. The case Seddon v. North Eastern Salt Co. Ltd. on freehold title, leases, and property conveyances is also examined.

The article discusses judicial control of contracts, used by scholarly literature in Italy. In undertaking judicial control of contracts, judges must follow rules set out in the Italian Civil Code, in statutes, and in other sources of law, limiting the discretion of their valuation and operation. The author notes that judicial control of contracts are found in cases that discuss the totality of the contract such as the occurrence of the theory of substitution of cancelled clauses.

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on the benefits of freehold covenants. Topics include the difference between restrictive covenants and freehold covenants, statutory annexation, and the enforcement of covenants. Information is provided on the expression of contrary intention, the drafting of covenants, and the British Law of Property Act of 1925.

We experimentally test the efficacy of indenture as a self-enforced contract device. In an indenture game, the principal signals the intention of payment on delivery by tearing a banknote in half and giving the agent one half of it as "prepayment"; the agent receives the completing half after delivering the service. By forward induction, cooperation is incentive-compatibly self-enforcing. The indenture performs very well. inducing a significantly higher level of cooperation than that in a three-stage centipede game. which we use to benchmark the natural rate of cooperation. The difference between cooperation rates in both games increases over time. [ABSTRACT FROM AUTHOR]

The article presents an essay on the Takings Clause. It discusses that the Clause provides that private property shall not be taken for public use without just compensation. It is concerned with property taken for public use and the word taken is the key to understanding both which types of governmental actions fall within the ambit of the Clause and the types of property the Clause protects.

El artículo trata varias normas españolas que modifican el régimen de escrituras públicas y pólizas de contratos mercantiles en España. Estas normas incluyen la Ley 36/2006 de 29 de noviembre de «Medidas para la prevención del fraude fiscal,» la Instrucción de la Dirección General de Registros y del Notariado (DGRN) de 29 de noviembre de 2006 que redefine el título ejecutivo en las escrituras y pólizas y el Real Decreto 45/2007 de 19 de enero que modifica el Reglamento Notarial.

The doctrine and jurisprudence accepts that extra-contractual deeds are arbitrable. The Romanian arbitration rules also establish this competence, but in what condition could a non-contractual dispute be considered arbitrable? This question is solved by a carefully analysis of the purpose of the clause, which is able to reveal the real intentions of the parties. [ABSTRACT FROM AUTHOR]

This article discusses a model in which only one of future trading opportunities will be proven efficient. According to the modern paradigm of complete contracting which has grown out of implementation theory and incentive theory, optimal contracts should precisely specify an outcome conditional on all relevant information that is observable by a court. Several discussions are stated towards explaining the prevalence of simple contract. It considers a variation of the hold-up model, which is a staple of the incomplete contracting literature.

This survey extends Whittred and Zimmer's [1986] survey of the restrictive covenants and accounting rules negotiated in debenture, unsecured and convertible note deeds by analysing the contents of 84% of convertible note deeds issued between 1976 and 1985. The paper also examines negotiated reporting obligations and controls for regulatory effects on the covenants and accounting rules. Conclusions from the survey are compared to those of Whittred and Zimmer [1986]. [ABSTRACT FROM AUTHOR]

Focuses on certainty and simplification in land titles in England and the United States. Prevalence of a system of registration of deeds in England; Verification of the genuineness of signatures; Incapacity to contract as by insanity or infancy; Validity and operativeness of a conveyance by a corporation which has previously owned the land; Deliberate acceptance of a benefit under a will; General scheme of title adjudication.

Examines several court cases and decisions in the U.S. compiled as of January 1940. Jurisdiction over claims against indenture trustee for collusive breach under bankruptcy law; Trustee exempt from tort liability after his discharge under bankruptcy law; Municipal ordinances restricting distribution of handbills and solicitation held unconstitutional; Contract law.

The article focuses on the New Zealand Supreme Court case Bethell v. Bethell, which dealt with equity, contract, and succession. Topics include the enforcement of deeds, the interpretation of wills, and the transfer of land interests. Information is provided on deeds of family arrangements in New Zealand.

The article focuses on the British court case ABM Amro Commercial Finance PLC v. McGinn, which dealt with conclusive evidence certificates in deeds of indemnity. Topics include primary liability, invoice discounting facilities, and the primary and secondary obligations. Information is provided on the manifest error exception.

The article focuses on the European court case In re SMP Trustees Ltd., which dealt with the expansion of trustee powers in trust deeds in cases of controlled liquidation. Topics include the amendment of trust deeds under bond issues, controlled liquidation protocol, and trust term modification permission.

Elaborates the principles governing the delivery of deeds in property law based on the decision of the Western Australian Court of Appeals in Scook v. Premier Building Solutions Pty. Ltd.

Examines the court case Bolton MBC versus Torkington, which deals with deeds. Facts disputed in the case; Arguments taken by both parties; Review of the case by the English Court of Appeal.

The article reviews the article Ryan v. Mason, which dealt with deed clauses in agreements. Topics include deed requirements in New Zealand, if deed clauses additions void a binding agreement, and the enforcement of contracts. Information is provided on non-solicitation clauses in partnership agreements.