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The covenant may be negative or affirmative. A negative covenant is one in which property owners are unable to perform a specific activity, such as block a scenic view. An affirmative covenant is one in which property owners must actively perform a specific activity, such as keeping the lawn tidy or paying homeowner's association dues for the ...
The legal provision in the loan agreement providing for the loan to be "called" is the "acceleration clause": once the buyer defaults, all future payments due under the loan are "accelerated" and deemed to be due and payable immediately. [1] Covenants may also be waived, either temporarily or permanently, usually at the sole discretion of the ...
Lord Templeman held that the covenant could not be enforced because the covenant was positive. His judgment said the following. [1]Equity cannot compel an owner to comply with a positive covenant entered into by his predecessors without flatly contradicting the common law rule that a person cannot be made liable upon a contract unless he was a party to it.
The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a negative right to x against Clay, if and only if Clay is prohibited to act upon Adrian in some way regarding x.
In this usage the German "Eid" is being translated as "covenant" rather than "oath" in order to reflect its written status. In modern law, covenant is described as "a promise or agreement under consideration, or guarantee between two parties" and is distinguished from modern contract by the seal or symbol of guarantee. [4]
A covenant in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. A covenant is a type of agreement analogous to a contractual condition. The covenantor makes a promise to a covenantee to do (affirmative covenant) or not do some action (negative covenant).
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath.An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath.
United States v. Fordice, 505 U.S. 717 (1992), is a United States Supreme Court case that resulted in an eight to one ruling that the eight public universities in Mississippi had not sufficiently integrated and that the state must take affirmative action to change this under the Equal Protection Clause.