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History Of Equity And Trusts
The law of trusts was constructed as a part of " Equity", a body of principles that arose in the Courts of Chancery, which sought to correct the strictness of the common law. The trust was an addition to the law of property, in the situation where one person held legal title to property but the courts decided it was fair just or "equitable" that this person be compelled to use it for the benefit of another. This recognised as a split between legal and beneficial ownership: the legal owner was referred to as a "trustee" (because he was "entrusted" with property) and the beneficial owner was the "beneficiary". Roman precursors to trusts Roman law had a well-developed concept analogous to the trust called '' fideicommissa''. These were created by will and enabled a testator to leave property to one person who was obliged to hand it over to another. While they were much older they only began to create enforceable legal obligations around the time of the beginning of Roman Empir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity. Equity exists in domestic law, both in civil law and in common law systems, as well as in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law ('' aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (general) In jurisdictions following the English common law syste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court (law), court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the Monarchy of the United Kingdom, king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench (England), Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Edward Coke, Sir Edward Coke to be the "lock ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cestui Que
( ; also , ) is a shortened version of "", ; in modern terms, it corresponds to a ''beneficiary''. It is a Law French phrase of medieval English invention, which appears in the legal phrases , , or . and '' trust'' are often interchangeable. In some medieval documents it is seen as . In formal legal discourse it is often used to refer to the relative novelty of a trust itself, before that English term became acceptable. Two subcategories of ''cestui que'' (beneficiary) The is the person for whose benefit (use) the trust is created. Any such person is, unless restricted by the trust instrument, fully entitled to the equitable interests such as annual rents/produce/interest, as opposed to the legal ones such as any capital gain, of the property forming the trust assets. Two subsets, B and C, can exist: If land is granted to or held by A, for the use of B in trust for his life, with remainder to C when B dies, A is the trustee, B is , and C the '' trust''. Often B and C will ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortmain
Mortmain () is the perpetual, inalienable ownership of real estate by a corporation or legal institution; the term is usually used in the context of its prohibition. Historically, the land owner usually would be the religious office of a church; today, insofar as mortmain prohibitions against perpetual ownership still exist, it refers most often to modern companies and charitable trusts. The term ''mortmain'' is derived from Medieval Latin ''mortua manus'', literally "dead hand", through Old French ''morte main'' (in modern French, ''mainmorte''). History During the Middle Ages in Western European countries such as England, the Catholic Church, Roman Catholic Church acquired a substantial amount of real estate. As the Church and religious orders were each recognised as a legal person separate from the office holder who administered the Church land (such as the abbot or the bishop), the land would not escheat on the death of the holder, or pass by inheritance, as the Church an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Juridical Person
A juridical person is a legal person that is not a natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, non-governmental organisation, or international organization (such as the European Union). Other terms include artificial person, corporate person, judicial person, juridical entity, juridic person, or juristic person. A juridical person maintains certain duties and rights as enumerated under relevant laws. The rights and responsibilities of a juridical person are distinct from those of the natural persons constituting it. Since the beginning of writing at the start of recorded history, associations have been known as the original form of the juridical person. This is documented for the 1st century A.D. for Jewish trading companies. In Roman law, entities gained significance through institutions such as the state, communities, corporations (''universitates'') and their associations of persons and assets, as wel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Franciscans
The Franciscans are a group of related organizations in the Catholic Church, founded or inspired by the Italian saint Francis of Assisi. They include three independent religious orders for men (the Order of Friars Minor being the largest contemporary male order), an order for nuns known as the Order of Saint Clare, and the Third Order of Saint Francis, a religious and secular group open to male and female members. Franciscans adhere to the teachings and spiritual disciplines of the founder and of his main associates and followers, such as Clare of Assisi, Anthony of Padua, and Elizabeth of Hungary. Several smaller Protestant Franciscan orders have been established since the late 19th century as well, particularly in the Lutheran and Anglican traditions. Certain Franciscan communities are ecumenical in nature, having members who belong to several Christian denominations. Francis began preaching around 1207 and traveled to Rome to seek approval from Pope Innocent I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyhold
Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant, rather than the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the ''copyholder'', according to the titles and customs written down in the manorial roll. In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent. Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. Although feudalism in Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seisin
Seisin (or seizin) is a legal concept that denotes the right to legal possession of a thing, usually a fiefdom, fee, or an estate in land. It is similar, but legally separate from the idea of ownership. The term is traditionally used in the context of inheritance law in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is a term primarily concerned with conveyancing. The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisition post mortem, inquisitions ''post mortem''. It has varying relevance in modern legal systems, with distinctions between Common law and Civil law (legal system), Civil law jurisdictions. Etymology Seisin comes from Middle English , , in the legal sense of . The Old French variations , , are from Low Latin , generally referred to the same source as Gothic language, Gothic , or the Old English , . The French phrase "le mort saisit le vif" ("the dead give seisin to the living") is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. Canon law includes the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox Church, Eastern Orthodox and Oriental Orthodoxy, Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislative power, legislated, interpreted and at times court, adjudicated varies widely among these four bodies of churches. In all three traditions, a canon (canon law), canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek language, Greek / , Arabic language, Arabic / , Hebrew language, Hebrew / , 'straigh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Microcosm Of London Plate 022 - Court Of Chancery, Lincoln's Inn Hall Edited
Microcosm or macrocosm, also spelled mikrokosmos or makrokosmos, may refer to: Philosophy * Microcosm–macrocosm analogy, the view according to which there is a structural similarity between the human being and the cosmos Music * Macrocosm (album), ''Macrocosm'' (album), seventh studio album by the German electronic composer Peter Frohmader, released in 1990 * ''Makrokosmos'', a series of four volumes of pieces for piano by American composer George Crumb * "Mic-rocosm", a song by American rapper Prodigy from the album ''Hegelian Dialectic (The Book of Revelation), Hegelian Dialectic'' * Microcosm (album), ''Microcosm'' (album), 2010 album by Flow * Microcosmos (Drudkh album), ''Microcosmos'' (Drudkh album) * Microcosmos (Thy Catafalque album), ''Microcosmos'' (Thy Catafalque album) * Mikrokosmos (Bartók), ''Mikrokosmos'' (Bartók), a cycle of piano pieces written 1926-1939 by Hungarian composer Béla Bartók * Mikrokosmos (Turovsky), ''Mikrokosmos'' (Turovsky), four cycles of lu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Requests
The Court of Requests was a minor equity court in England and Wales. It was instituted by King Richard III in his 1484 parliament. It first became a formal tribunal with some Privy Council elements under Henry VII, hearing cases from the poor and from servants of the King. It quickly became popular for its low cost of bringing a case and rapid processing time, earning the disapproval of the common law judges. Two formal judges, the "Masters of Requests Ordinary", were appointed towards the end of Henry VIII's reign, with an additional two "Masters of Requests Extraordinary" appointed under Elizabeth I to allow two judges to accompany her on her travels around England (Latin: ''Regiae Majestati a Supplicum Libellis Magister''). Two more ordinary masters were appointed under James I of England, with the increasing volume of cases bringing a wave of complaints as the court's business and backlog grew. The court became embroiled in a dispute with the common law courts during the la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
