This article may be too technical for most readers to understand.(June 2008) |
This article is largely based on an article in the out-of-copyright Encyclopædia Britannica Eleventh Edition, which was produced in 1911.(January 2014) |
Back-bond, or back-letter, in Scots law, is a deed qualifying the terms of another deed, or declaratory of the purposes for which another deed has been granted. Thus an ex facie absolute disposition, qualified by a back-bond expressing the limited nature of the right actually held by the person to whom the disposition is made, would constitute what in England is termed a deed of trust. [1]
A Lewis acid (named for the American physical chemist Gilbert N. Lewis) is a chemical species that contains an empty orbital which is capable of accepting an electron pair from a Lewis base to form a Lewis adduct. A Lewis base, then, is any species that has a filled orbital containing an electron pair which is not involved in bonding but may form a dative bond with a Lewis acid to form a Lewis adduct. For example, NH3 is a Lewis base, because it can donate its lone pair of electrons. Trimethylborane () is a Lewis acid as it is capable of accepting a lone pair. In a Lewis adduct, the Lewis acid and base share an electron pair furnished by the Lewis base, forming a dative bond. In the context of a specific chemical reaction between NH3 and Me3B, a lone pair from NH3 will form a dative bond with the empty orbital of Me3B to form an adduct NH3•BMe3. The terminology refers to the contributions of Gilbert N. Lewis.
Fixed income refers to any type of investment under which the borrower or issuer is obliged to make payments of a fixed amount on a fixed schedule. For example, the borrower may have to pay interest at a fixed rate once a year and repay the principal amount on maturity. Fixed-income securities can be contrasted with equity securities that create no obligation to pay dividends or any other form of income. Bonds carry a level of legal protections for investors that equity securities do not: in the event of a bankruptcy, bond holders would be repaid after liquidation of assets, whereas shareholders with stock often receive nothing.
A mill is a device, often a structure, machine or kitchen appliance, that breaks solid materials into smaller pieces by grinding, crushing, or cutting. Such comminution is an important unit operation in many processes. There are many different types of mills and many types of materials processed in them. Historically mills were powered by hand or by animals, working animal, wind (windmill) or water (watermill). In modern era, they are usually powered by electricity.
A mortgage-backed security (MBS) is a type of asset-backed security which is secured by a mortgage or collection of mortgages. The mortgages are aggregated and sold to a group of individuals that securitizes, or packages, the loans together into a security that investors can buy. Bonds securitizing mortgages are usually treated as a separate class, termed residential; another class is commercial, depending on whether the underlying asset is mortgages owned by borrowers or assets for commercial purposes ranging from office space to multi-dwelling buildings.
A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publishing in public records, made by a sovereign entity. While land patents are still issued by governments to indicate property is privately held, they are also often used by sovereign citizens and similar groups in illegitimate attempts to gain unlawful possession of property, or avoid taxes and foreclosure.
Generally, a quitclaim is a formal renunciation of a legal claim against some other person, or of a right to land. A person who quitclaims renounces or relinquishes a claim to some legal right, or transfers a legal interest in land. Originally a common-law concept dating back to Medieval England, the expression is in modern times mostly restricted to North American law, where it often refers specifically to a transfer of ownership or some other interest in real property.
A glucuronide, also known as glucuronoside, is any substance produced by linking glucuronic acid to another substance via a glycosidic bond. The glucuronides belong to the glycosides.
A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied covenant of good faith is presumed.
Incontrovertible evidence and conclusive evidence are colloquial terms for evidence introduced to prove a fact that is supposed to be so conclusive that there can be no other truth to the matter; i.e., evidence so strong it overpowers contrary evidence, directing a fact-finder to a specific and certain conclusion.
In trust law, an express trust is a trust created "in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties." Property is transferred by a person to a transferee, who holds the property for the benefit of one or more persons, called beneficiaries. The trustee may distribute the property, or the income from that property, to the beneficiaries. Express trusts are frequently used in common law jurisdictions as methods of wealth preservation or enhancement.
Karma is the basic principle within an overarching psycho-cosmology in Jainism. Human moral actions form the basis of the transmigration of the soul. The soul is constrained to a cycle of rebirth, trapped within the temporal world, until it finally achieves liberation. Liberation is achieved by following a path of purification.
Islamic ethics is the "philosophical reflection upon moral conduct" with a view to defining "good character" and attaining the "pleasure of God". It is distinguished from "Islamic morality", which pertains to "specific norms or codes of behavior".
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana.
The Law of Property Act 1989 is a United Kingdom Act of Parliament, which laid down a number of significant revisions to English property law.
Divine grace is a theological term present in many religions. It has been defined as the divine influence which operates in humans to regenerate and sanctify, to inspire virtuous impulses, and to impart strength to endure trial and resist temptation; and as an individual virtue or excellence of divine origin.
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual rights with respect to property, and the control of proprietary management relationships between persons, as well as their rights and obligations. The protective clause for property rights in the Constitution of South Africa stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in private property have been on the rise.
Defeasance, in law, is an instrument which defeats the force or operation of some other deed or estate; as distinguished from condition, that which in the same deed is called a condition is a defeasance in another deed. The term is used in several contexts in finance, including:
Thompson v Foy[2009] EWHC 1076 (Ch) is an English land law case concerning the right of a person with an overriding interest in a home and deals with a family arrangement for a house to be a gift transferring from a mother to a daughter and the trust between the two parties that the daughter would pay the mother her sum to buy out her share of the property.
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:
Land registration in Scots law is a system of public registration of land, and associated real rights. Scotland has one of the oldest systems of land registration in the world. Registration of deeds is important as it constitutes the third stage of the creation and transfer of real rights.