Agreed;
But you can have private law by agreement. It is just not reproducible. - Likely why you will not show us any examples of how it works.
Agreed;
But you can have private law by agreement. It is just not reproducible. - Likely why you will not show us any examples of how it works.
IF one exists in a civil society with its law courts AND
IF there is a duty owed you by someone else, you take your claim to that court in order to use the force of law to enforce your claim.
I hope that clears up the confusion concerning the statement above.
I'm going to recommend to you that you make greater use of inquiry. Clear up your confusion before moving forward.Originally Posted by motla68
I'm hoping you address and clear up your confusion first.Originally Posted by motla68
I'm not claiming any law personally. Simply relaying from all that I have studied.Originally Posted by motla68
There is some value to this statement.Originally Posted by motla68
More inquiry, less snark. Thanks.Originally Posted by motla68
Last edited by shikamaru; 07-25-11 at 12:23 AM.
What is implied in the law of trusts particularly with regard to the relationship between the trustee and the beneficiary is the Law of Agency.
This is hidden.
The law of agency involves two parties only: the principal and the agent. The agent is also the fiduciary.
Overlaying the above functionaries with the parties to a trust, the principal is the beneficiary and the trustee the agent (fiduciary).
Bailment is another fiduciary relationship worthy of note.
Bail.
Think about it with banks ....
You as depositor (bailor) give your property to the bank (bailee) for safe storage and keeping.
The only difference in this relationship between a traditional bailment relationship is that the legal title of the notes transfers to the bank leaving you with an equitable right to retrieve FRNs from your account with the bank.
An account is a chose in action. A chose in action is the right to sue for recovery of a debt. Chose is French meaning "thing". An action is a legal suit.
Last edited by shikamaru; 04-19-13 at 07:51 PM.
I believe it helps to study Land Law and property law first before studying trusts.
Also, keep jural relationships with their respective parties in mind.
A study of the Law of Agency will aide in the study of trusts.
Last edited by shikamaru; 04-19-13 at 07:51 PM.
Egypt was promised by God that they would always be a base nation, a small nation and never a superpower, but that they would always would exist as a nation. Therefore today they are the oldest continuous government that is in existence.
The blessing is in the hand of the doer. Faith absent deeds is dead.
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Hello all-
It has always struck me that "real" is close to "regal", and look what I found on wikipedia:
"Real
Etymology 2
From Spanish real ?(“royal”), from Latin r?g?lis ?(“regal, royal”)."
So real estate is royal property, the king's or queen's property.
Then there is the description of real property as "immovable"... I think that is because the title never moves "out of state". Meaning they don't let go of it, and we only have right to use it.
Beneficial interest in a trust is considered personal property... so it seems there would be no interest in real estate by the beneficiaries.
Does this ring true to you?
Thanks--
Y
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