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Accession (Scots Law)
Accession (Latin ''accessio'') is a method of original acquisition of property under Scots property law. It operates to allow property (the accessory) to ''merge with (or accede to)'' another object (the principal), either moveable or heritable. Accession derives from the Roman-law concept of the same name. Other jurisdictions employ similar rules. The leading case in this area is said to be ''Brand's Trustees v Brand's Trustees'' (1876) 3 R (HL) 16. A common example is a tree (the accessory) acceding to the land (the principal), thereby the tree is owned by the owner of the land on which it is planted by the operation of accession. Accession may appear similar to other modes of original acquisition, but each mode has discrete differences. Importantly, accession does not produce a new object (''nova species'') in itself, such as with '' specificatio''; accession merely attaches one object (the accessory) to another (the principal). Types of accession There are broadly two types ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ownership Of Property In Scots Law
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as ''title'', which may be separated and held by different parties. The process and mechanics of ownership are fairly complex: one can gain, transfer, and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, win it in a bet, receive it as a gift, inherit it, find it, receive it as damages, earn it by doing work or performing services, make it, or homestead it. One can transfer or lose ownership of property by selling it for money, exchanging it for other property, giving it as a gift, misplacing it, or having it stripped from one's ownership through legal means such as eviction, foreclosure, seizure, or taking. Ownership implies that the owner of a property also owns any economic benefits or deficits associated wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Missives Of Sale (Scots Law)
The missives of sale, in Scots property law, are a series of formal letters between the two parties, the Buyer and the Seller, containing the contract of sale for the transfer of corporeal heritable property (land) in Scotland. The term 'land' in this article includes buildings and other structures upon land. Example missives are available to view on the Law Society of Scotland and Property Standardisation Group websites. The missives of sale form the first of three stages required to validly transfer ownership of land in Scotland. The three stages are: # The Contractual Stage (The Missives of Sale) # The Conveyancing Stage # The Registration Stage Principles of the contract and conveyance stages Traditio legal system The contractual stage or ''missives of sale'' only create binding ''personal obligations'' (and their respective ''personal rights'') which are enforceable under the law of obligations ( Scottish contract law). These obligations are usually among other thing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pregnancy (mammals)
In mammals, pregnancy is the period of reproduction during which a female carries one or more live offspring from implantation in the uterus through gestation. It begins when a fertilized zygote implants in the female's uterus, and ends once it leaves the uterus. Fertilization and implantation During copulation, the male inseminates the female. The spermatozoon fertilizes an ovum or various ova in the uterus or oviducts, and this results in one or multiple zygotes. Sometimes, a zygote can be created by humans outside of the animal's body in the artificial process of in-vitro fertilization. After fertilization, the newly formed zygote then begins to divide through mitosis, forming an embryo, which implants in the female's endometrium. At this time, the embryo usually consists of 50 cells. Development After implantation A blastocele is a small cavity on the center of the embryo, and the developing embryonary cells will grow around it. Then, a flat layer cell forms on the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uterus
The uterus (from Latin ''uterus'', : uteri or uteruses) or womb () is the hollow organ, organ in the reproductive system of most female mammals, including humans, that accommodates the embryonic development, embryonic and prenatal development, fetal development of one or more Fertilized egg, fertilized eggs until birth. The uterus is a hormone-responsive sex organ that contains uterine gland, glands in its endometrium, lining that secrete uterine milk for embryonic nourishment. (The term ''uterus'' is also applied to analogous structures in some non-mammalian animals.) In humans, the lower end of the uterus is a narrow part known as the Uterine isthmus, isthmus that connects to the cervix, the anterior gateway leading to the vagina. The upper end, the body of the uterus, is connected to the fallopian tubes at the uterine horns; the rounded part, the fundus, is above the openings to the fallopian tubes. The connection of the uterine cavity with a fallopian tube is called the utero ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fructus (Roman Law)
''Fructus'' (Latin for "fruits") is a legal term used in Roman law to describe goods naturally created by other property. In the most traditional understanding, this encompasses literal fruit of various plants, but also goods taken from animals such as milk or wool. There is some debate whether profits arising from other legal actions, such as loan interest, can be considered ''fructus'' – ancient jurisprudents usually strayed from such interpretations, but did argue to treat such profits in analogical ways. Right to ''fructus'' In ancient Rome, right to collect ''fructus'' was considered an integral right of the owner. Ancient jurisprudents often commented on the right to ''fructus'' in various situations. It was generally agreed on that until separation from its core object, ''fructus'' remained a part of that object; upon disconnection, they became property of the owner under normal conditions.Kolańczyk, p. 308 There existed various exceptions to that general rule: * A person ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Avulsion (Common Law Jurisdictions)
In real property law, avulsion refers to a sudden loss of land, which results from the action of water. It differs from accretion, which describes a gradual addition to land resulting from the action of water. Avulsion and riparian owners The distinction between avulsion and accretion becomes important if a river forms the boundary between two riparian owners. In many jurisdictions, if the river changes channels by avulsion, the boundary does not change but remains in the middle of the old channel. For example, the Mississippi River forms the boundary between several U.S. states, and the principle causes states on the lower Mississippi to have occasional pieces of land on the opposite side from the rest of the state. The river changed course quickly in such locations and so the boundaries did not change.) However, as a river gradually changes through accretion, the boundary changes with it. To prove that a change was avulsion and not accretion, it is sufficient, at least under ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alluvium
Alluvium (, ) is loose clay, silt, sand, or gravel that has been deposited by running water in a stream bed, on a floodplain, in an alluvial fan or beach, or in similar settings. Alluvium is also sometimes called alluvial deposit. Alluvium is typically geologically young and is not Consolidation (geology), consolidated into solid rock. Sediments deposited underwater, in seas, estuaries, lakes, or ponds, are not described as alluvium. Floodplain alluvium can be highly fertile, and supported some of the earliest human civilizations. Definitions The present Scientific consensus, consensus is that "alluvium" refers to loose sediments of all types deposited by running water in floodplains or in alluvial fans or related landforms. However, the meaning of the term has varied considerably since it was first defined in the French dictionary of Antoine Furetière, posthumously published in 1690. Drawing upon concepts from Roman law, Furetière defined ''alluvion'' (the French term for al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tide
Tides are the rise and fall of sea levels caused by the combined effects of the gravitational forces exerted by the Moon (and to a much lesser extent, the Sun) and are also caused by the Earth and Moon orbiting one another. Tide tables can be used for any given locale to find the predicted times and amplitude (or " tidal range"). The predictions are influenced by many factors including the alignment of the Sun and Moon, the phase and amplitude of the tide (pattern of tides in the deep ocean), the amphidromic systems of the oceans, and the shape of the coastline and near-shore bathymetry (see '' Timing''). They are however only predictions, the actual time and height of the tide is affected by wind and atmospheric pressure. Many shorelines experience semi-diurnal tides—two nearly equal high and low tides each day. Other locations have a diurnal tide—one high and low tide each day. A "mixed tide"—two uneven magnitude tides a day—is a third regular category. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
River
A river is a natural stream of fresh water that flows on land or inside Subterranean river, caves towards another body of water at a lower elevation, such as an ocean, lake, or another river. A river may run dry before reaching the end of its course if it runs out of water, or only flow during certain seasons. Rivers are regulated by the water cycle, the processes by which water moves around the Earth. Water first enters rivers through precipitation, whether from rainfall, the Runoff (hydrology), runoff of water down a slope, the melting of glaciers or snow, or seepage from aquifers beneath the surface of the Earth. Rivers flow in channeled watercourses and merge in confluences to form drainage basins, or catchments, areas where surface water eventually flows to a common outlet. Rivers have a great effect on the landscape around them. They may regularly overflow their Bank (geography), banks and flood the surrounding area, spreading nutrients to the surrounding area. Sedime ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alluvion
Alluvion, is a Roman law method of acquisition of heritable property (land). The typical cause is sediment (alluvium) deposited by a river. This sediment, legally termed ''the accessory, accreses'' (i.e., merges with) a piece of land, the principal (operating a subtype of the Roman mode of acquisition by accession) and thus accedes to the ownership of the principal land over time. It continues to have relevance in the modern age from adopting Roman property law by modern legal systems, primarily civil law jurisdictions. Scots law is a notable example of the usage of alluvion within the law of accession (accesio). Public international law also recognises the acquisition of sovereignty of virgin territory by operation of nature, such as sediment deposits, again following the Roman law principles of alluvion. See also *Alluvial fan *Alluvial plain An alluvial plain is a plain (an essentially flat landform) created by the deposition of sediment over a long period by one or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigation
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Curtain
A curtain is a piece of cloth or other material intended to block or obscure light, air drafts, or (in the case of a shower curtain) water. Curtains are often hung on the inside of a building's windows to block the passage of light. For instance, at night to aid sleeping, or to stop light from escaping outside the building (stopping people outside from being able to see inside, often for privacy reasons). In this application, they are also known as ''draperies''. Curtains hung over a doorway are known as portières. Curtains come in a variety of shapes, materials, sizes, colors, and patterns. They often have their own sections within department stores, while some shops are completely dedicated to selling curtains. Theater drapes and stage curtains serve a number of sound-absorbing and light-blocking functions, such as the front curtain that separates the stage from the auditorium, and other curtains and drapes that serve as backdrops or to obscure offstage areas. Curtai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
