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The lender under a commodatum did not have to be owner, since ownership was not transferred. [ 9 ] A borrower was held (in most juristic texts) to a standard of culpa levis in abstracto – the borrower was liable if his or her conduct fell short of the diligentia (care) of a bonus paterfamilias – a good, respected, head of the family. [ 10 ]
The heir succeeds to all the rights of a deceased hirer; the sale of the object, however, ended the contract, and the remedy of the hirer or his heir was only a personal action against the letter and not, as in the case of his having the usufruct, a real action. [12]
Usufruct (/ ˈ j uː z j uː f r ʌ k t /) [1] is a limited real right (or in rem right) found in civil law and mixed jurisdictions that unites the two property interests of usus and fructus: Usus ( use , as in usage of or access to) is the right to use or enjoy a thing possessed, directly and without altering it.
A commodate (Latin: commodatum), also known as loan for use, [1] in civil law and Scots Law is a gratuitous loan; a loan, or free concession of anything moveable or immoveable, for a certain timeframe, on condition of restoring again the same individual after a certain time.
Appellate court or court of last resort (vs. iudex a quo) iudex a quo: Lower court from which an appeal originates; originating court (vs. iudex ad quem) iura novit curia: the court knows the law The principle that the parties to a legal dispute do not need to plead or prove the law that applies to their case. ius accrescendi: right of accrual
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it carries with it right to enjoy certain benefits of ownership of the property, chiefly income derived from rent or other uses of the property and the right of occupation, during his or her possession.
The second sort is, when goods or chattels that are useful, are lent to a friend gratis, to be used by him; and this is called commodatum, because the thing is to be restored in specie. The third sort is, when goods are left with the bailee to be used by him for hire; this is called locatio et conductio , and the lender is called locator , and ...