Search results
Results from the WOW.Com Content Network
In law, an equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary". [1]
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
An equitable right is a legal right guaranteed by equity as opposed to a legal right which derives authority from a legal source. An example of an equitable right could be seen in Land law , where mention is made of a beneficial interest i.e. vested interests in an estate which are protected by equity.
The rule in Dearle v Hall (1828) 3 Russ 1 is an English common law rule to determine priority between competing equitable claims to the same asset. The rule broadly provides that where the equitable owner of an asset purports to dispose of his equitable interest on two or more occasions, and the equities are equal between claimants, the claimant who first notifies the trustee or legal owner of ...
The Language Learning Centre, established in July 2021, is a place for editors who may frequently translate articles from other Wikipedias and use a variety of different languages sources to develop their skills so that they can at least improve their understanding of text on another language Wikipedia and not solely rely on automated translation.
Theo B. Rood. Glossarium: A compilation of Latin words and phrases generally used in law with English translations. Bryanston, South Africa: Proctrust Publications, 2003. Jan Scholtemeijer & Paul Hasse. Legal Latin: A basic course. Pretoria, South Africa: J.L. van Schaik Publishers, 1993.
Because an interest under a trust is a species of property, adult beneficiaries of sound mind are able to deal with their rights under the trust fund as they could with any other species of property. They can sell it, assign it, exchange it, release it, [ 4 ] mortgage it, and do most other things that they could do with a chose in action .
Earl of Oxford's case (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law.. The Lord Chancellor held: "The Cause why there is Chancery is, for that Mens Actions are so divers[e] and infinite, that it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some ...