- Published on
Legal Terms - declaration of trust
a declaration made by the rightful owner of property designating it as trust property. As long as the desire to declare a trust is made clear, no particular language is required.It is not sufficient to use precatory language (Lambe v. Eames (1871) 6 Ch 597;
27 Ch D 394; Re Adams and the Kensington Vestry (1884). When land is the trust property, a written declaration of trust must be confirmed and signed by the settlor (Law of Property Act 1925 s. 53(1)(b)). Such a trust is unenforceable in the event of noncompliance. There is no formal statement of trust in situations that give rise to a *constructive trust. The trust is enforceable upon the court's declaration and is imposed or acknowledged by the court as existing.
a declaration made by the rightful owner of property designating it as trust property. As long as the desire to declare a trust is made clear, no particular language is required.It is not sufficient to use precatory language (Lambe v. Eames (1871) 6 Ch 597;
27 Ch D 394; Re Adams and the Kensington Vestry (1884). When land is the trust property, a written declaration of trust must be confirmed and signed by the settlor (Law of Property Act 1925 s. 53(1)(b)). Such a trust is unenforceable in the event of noncompliance. There is no formal statement of trust in situations that give rise to a *constructive trust. The trust is enforceable upon the court's declaration and is imposed or acknowledged by the court as existing.
- Published on
Legal Terms - declaratory judgment
a ruling that, in the absence of any enforcement clause, simply expresses the parties' rights or the court's opinion on a legal matter. Nonetheless, a claim for a declaration may be joined with one for a more substantial remedy, such damages
a ruling that, in the absence of any enforcement clause, simply expresses the parties' rights or the court's opinion on a legal matter. Nonetheless, a claim for a declaration may be joined with one for a more substantial remedy, such damages
- Published on
Legal Terms - Declaratory theory
The idea that a state acquires capacity (and personality) under international law the moment it becomes a legitimate entity (i.e., when it gains competence under local law). The community's declaration that it is a judicial institution generates this power on its own. The new state is internally legally organized when it is socially organized, and as a result, it is capable of acting in a way that involves taking on international responsibility. Consequently, this theory holds that *recognition does not produce a new state from nothing.
The idea that a state acquires capacity (and personality) under international law the moment it becomes a legitimate entity (i.e., when it gains competence under local law). The community's declaration that it is a judicial institution generates this power on its own. The new state is internally legally organized when it is socially organized, and as a result, it is capable of acting in a way that involves taking on international responsibility. Consequently, this theory holds that *recognition does not produce a new state from nothing.
- Published on
Legal Terms - Decompilation
also known as reverse engineering, is the process of disassembling computer software, usually by translating executable program code—which is an object code version of the program—into a more advanced programming language that is human-readable. EU Directive 2009/24, which superseded Directive 91/250, grants *copyright protection for computer software across the EU. However, under some extremely specific conditions, that directive grants a very restricted permission to decompile for the specified aim of creating an interoperable application. Any clause in a contract that limits this restricted right shall be null and void. In the UK the original 1991 directive is implemented by the Copyright (Computer Programs) Regulations 1992 by way of amendments to the Copyright, Designs and Patents Act 1988.
also known as reverse engineering, is the process of disassembling computer software, usually by translating executable program code—which is an object code version of the program—into a more advanced programming language that is human-readable. EU Directive 2009/24, which superseded Directive 91/250, grants *copyright protection for computer software across the EU. However, under some extremely specific conditions, that directive grants a very restricted permission to decompile for the specified aim of creating an interoperable application. Any clause in a contract that limits this restricted right shall be null and void. In the UK the original 1991 directive is implemented by the Copyright (Computer Programs) Regulations 1992 by way of amendments to the Copyright, Designs and Patents Act 1988.
- Published on
Legal Terms – decree
1. A law. 2. A court order.
1. A law. 2. A court order.
- Published on
Legal Terms - decree absolute
Previously, a divorce decree, nullity decree, or presumption of death decree that ended a marriage legally and allowed the parties to remarry. It was typically given six weeks following the *decree nisi, unless there were special circumstances that called for an earlier delivery date. The *divorce order, the *nullity of marriage order, and the declaration of presumed death have taken its place.
Previously, a divorce decree, nullity decree, or presumption of death decree that ended a marriage legally and allowed the parties to remarry. It was typically given six weeks following the *decree nisi, unless there were special circumstances that called for an earlier delivery date. The *divorce order, the *nullity of marriage order, and the declaration of presumed death have taken its place.
- Published on
Legal Terms - decree nisi
The previous term for a divorce decree with conditions, a nullity, or a presumption of death.
The previous term for a divorce decree with conditions, a nullity, or a presumption of death.
- Published on
Legal Terms - decree of presumption of death and dissolution of marriage
Previously, an order dissolved a marriage by supposing the spouse's death under Section 19 of the Matrimonial Causes Act of 1973. The 2013 Presumption of Death Act removed Section 19.
Previously, an order dissolved a marriage by supposing the spouse's death under Section 19 of the Matrimonial Causes Act of 1973. The 2013 Presumption of Death Act removed Section 19.
- Published on
Legal Terms - deductions (in employment law)
This amounts withheld from a worker's pay. Strict guidelines on what can be deducted in this way are provided by the Employment Rights Act of 1996. Income tax, National Insurance, and pension contributions (for workers who have consented to participate in an employer's pension plan) are examples of allowed deductions. Additionally, deductions are permitted in the event of prior wage or cost overpayments, wage withholding during strikes, and court orders (such as Child Maintenance Service orders or orders pertaining to earnings attachment). For those who work in retail, there are certain regulations.
This amounts withheld from a worker's pay. Strict guidelines on what can be deducted in this way are provided by the Employment Rights Act of 1996. Income tax, National Insurance, and pension contributions (for workers who have consented to participate in an employer's pension plan) are examples of allowed deductions. Additionally, deductions are permitted in the event of prior wage or cost overpayments, wage withholding during strikes, and court orders (such as Child Maintenance Service orders or orders pertaining to earnings attachment). For those who work in retail, there are certain regulations.
- Published on
Legal Terms - deductions (in employment law)
This amounts withheld from a worker's pay. Strict guidelines on what can be deducted in this way are provided by the Employment Rights Act of 1996. Income tax, National Insurance, and pension contributions (for workers who have consented to participate in an employer's pension plan) are examples of allowed deductions. Additionally, deductions are permitted in the event of prior wage or cost overpayments, wage withholding during strikes, and court orders (such as Child Maintenance Service orders or orders pertaining to earnings attachment). For those who work in retail, there are certain regulations.
This amounts withheld from a worker's pay. Strict guidelines on what can be deducted in this way are provided by the Employment Rights Act of 1996. Income tax, National Insurance, and pension contributions (for workers who have consented to participate in an employer's pension plan) are examples of allowed deductions. Additionally, deductions are permitted in the event of prior wage or cost overpayments, wage withholding during strikes, and court orders (such as Child Maintenance Service orders or orders pertaining to earnings attachment). For those who work in retail, there are certain regulations.