Commentaries on Colonial and Foreign Laws: Generally, and in Their Conflict with Each Other, and with the Law of England, Volume 2Saunders and Benning, 1838 - Comparative law |
From inside the book
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Page vii
... fiduciary and fidei - commissary . ― The de- duction of the Trebellian portion . - The delivery of the property to the fidei - commissary . - Fidei - commissa by dispositions inter vivos . III . Conditions and limitations which may be ...
... fiduciary and fidei - commissary . ― The de- duction of the Trebellian portion . - The delivery of the property to the fidei - commissary . - Fidei - commissa by dispositions inter vivos . III . Conditions and limitations which may be ...
Page 89
... fiduciary , and fidei - commissary . — The deduction of the Trebellian portion . - The delivery of the property to the fidei - commissary.— Fidei - commissa by dispositions inter vivos . III . - Conditions and limitations which may be ...
... fiduciary , and fidei - commissary . — The deduction of the Trebellian portion . - The delivery of the property to the fidei - commissary.— Fidei - commissa by dispositions inter vivos . III . - Conditions and limitations which may be ...
Page 101
... fiduciary might be maintained by and against the fidei- commissary . After this Senatus Consultum the prætor gave equitable actions to and against the latter as he had given them to and against the fiduciary . ( b ) When the instituted ...
... fiduciary might be maintained by and against the fidei- commissary . After this Senatus Consultum the prætor gave equitable actions to and against the latter as he had given them to and against the fiduciary . ( b ) When the instituted ...
Page 102
... fiduciary and fidei - commissarius , and by those stipulations the profit and loss were sustained by them according to their respective proportions of the estate or inheritance . The Senatus Consultum Trebellianum obliged the heir to ...
... fiduciary and fidei - commissarius , and by those stipulations the profit and loss were sustained by them according to their respective proportions of the estate or inheritance . The Senatus Consultum Trebellianum obliged the heir to ...
Page 103
... fiduciary restored the whole inheritance , all actions which could have been brought by or against the heir must be brought by or against the fidei - commissary . The Trebellian S. C. also contained a principal pro- vision of the ...
... fiduciary restored the whole inheritance , all actions which could have been brought by or against the heir must be brought by or against the fidei - commissary . The Trebellian S. C. also contained a principal pro- vision of the ...
Contents
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840 | |
Other editions - View all
Commentaries on Colonial and Foreign Laws: Generally, and in Their Conflict ... William Burge No preview available - 2015 |
Commentaries on Colonial and Foreign Laws: Generally, and in Their Conflict ... William Burge No preview available - 2015 |
Common terms and phrases
acknowledged adiate adjudication alienation Bell's civil law clause Code Civil Coll common law condition contract conveyance court court of equity Court of Session coutume creditors death debtor debts Decis declared decree deed Dict disposition dominium donation effect entail entitled equity Ersk estate tail eviction execution executors favour fee simple feoffment fidei-commissary fidei-commissum fiduciary freehold granted grantor heir heritable immoveable property infeftment inheritance inter vivos interest Kent's lands law of England law of France law of Scotland lease limited Litt Lord majorat mayorazgo moveable notary obligation party payment Perez person possession Pothier prohibition propre purchaser quæ quod real property registered remainder rents seised seisin sold statute substitution succession Sugd tailzie tenant in tail thereof trust unless Vend vendor Voet witnesses
Popular passages
Page 410 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 514 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Page 455 - In this conflict of interests the law wisely interposes. It acts, not on the possibility that in some cases the sense of that duty may prevail over the motives of selfinterest, but it provides against the probability that in many cases, and the danger in all cases, that the dictates of self-interest will exercise a predominant influence, and supersede that of duty.
Page 409 - No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise...
Page 354 - ... during the minority or respective minorities only of any person or persons who under the uses or trusts of the...
Page 363 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 410 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age. For the purposes of this section, a minority is deemed a part of a life, and not an absolute term equal to the possible duration of such minority.
Page 414 - ... 2. If such accumulation be directed to commence at any time subsequent to the creation of the estate out of which the rents and profits are to arise, it...
Page 413 - The absolute ownership of personal property shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance and until the termination of not more than two lives in being...
Page 72 - ... the person last entitled to the land shall, for the purposes of this Act, bo considered to have been the purchaser thereof, unless it shall be proved that he inherited the same, in which case the person from whom he inherited the same shall be considered to have been the purchaser, unless it shall be proved that he inherited the same...