Will or testament is a legal document by which a person, the testator, expresses his wishes as to how his property(ies) is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.
Law of WILL is very important to understand so that beneficiary does not face legal complication.
Will or testament is a legal document by which a person, the testator, expresses his wishes as to how his property(ies) is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.
Law of WILL is very important to understand so that beneficiary does not face legal complication.
Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children.
Primary obligation of maintenance arises out of marriage- wife and children
Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders.
No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.
This describes the functions of a Notary. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
What do you understand about Bankruptcy Laws - David Ford Avon CTDavid Ford Avon Ct
everyone should understand about creditor's rights and bankruptcy laws according to David Ford Avon CT. These laws can help a person if he had a situation in the future.
Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children.
Primary obligation of maintenance arises out of marriage- wife and children
Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders.
No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.
This describes the functions of a Notary. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
What do you understand about Bankruptcy Laws - David Ford Avon CTDavid Ford Avon Ct
everyone should understand about creditor's rights and bankruptcy laws according to David Ford Avon CT. These laws can help a person if he had a situation in the future.
An Introduction to Law of Torts: Meaning, Nature and Essential elementsamlanika bora
This PPT provides Meaning, definitions and Essential Elements of Torts. It includes relevant case laws as well. It also highlights nature of Torts by bringing differences between torts and other civil wrongs.
Types of Mortgages in Housing loan & the rights of the lenderPratistha Mishra
Types of Mortgages that are provided by the lenders in Housing Loan & what the rights of the Mortgagor & Mortgagee along with it what are the essentials of each type of mortgage.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. JOINT OBLIGATION
• is one where the whole liability is to be paid or fulfilled
proportionately by the different debtors and/or is to be
demanded also proportionately by the different creditors.
• Example:
1. Robert and Laurince are joint debtors of Mae to
the amount of P1,500,000.00
2. Anne and Judith are joint debtors of Mae, Epreim,
Kent, and Keneth, who are joint creditors to the amount of
P2,000,000.00.
3. SOLIDARY OBLIGATION
• is one where each one of the debtors is bound to render
compliance of the entire obligation and/or each one of the
creditors has a right to demand entire compliance of the
prestation.
• Example:
1. Edmalyn and Edzil are solidary debtors of Mae to
the amount of P1,500,000.00
2. Hadi and Jade are solidary debtors of Mae,
Epreim, Kent, Keneth, solidary creditors, to the amount of
P2,000,000.00.
4. DISJUNCTIVE OBLIGATION
• A type of obligation where there are several alternatives
to the performance and only one or some of them must be
fulfilled.
• Example:
Before Jerome could go out with his friends, his wife
told him to either cook the dinner, wash the dishes, or feed
their 1 year old son.
6. General Rule
• Where there are two or more debtors or
two or more creditors, the obligation is:
• General Rule — Joint
Exceptions
• (a) when there is a stipulation in the
contract that the obligation is solidary;
• (b) when the nature of the obligation
requires liability to be solidary;
• (c) when the law declares the obligation
to be solidary;
• (d) when a solidary responsibility is
imputed by a final judgment upon
several defendants;
• (e) when a charge or condition is
imposed upon heirs or legatees, and the
testament expressly makes the charge
or condition in solidum.
7. May the obligation be joint on the side of the creditors and
solidary on the side of the debtors or vice-versa?
• Yes. “In such cases, the rules applicable to each subject of the obligation
should be applied, the character of the creditors or the debtors determining
their respective rights and liabilities.” (8 Manresa, pp. 201-202)
Examples:
1. Jezzah and John are joint debtors of Jaja, Jay, Jolo, and Kristine,
solidary creditors to the amount of P2,000,000.00. How much can Jolo collect
from Jezzah?
2. Liezl and Tiff are solidary debtors of Ignacius, NJ, Regie, and
Regina, joint creditors to the amount of P2,000,000.00. How much can NJ
recover from Tiff?
8. Instances where the Law imposes Solidary Liability
• Obligations arising from tort
• Obligations arising from quasi-contracts
• Legal provisions regarding the obligations of devisees and legatees
• Liability of principals, accomplices, and accessories of a felony
• Bailees in commodatum
9. EFFECTS:
• As to prejudicial and beneficial acts:
= an act performed by a solidary creditor whether beneficial or prejudicial to
the creditors is valid and binding.
• As to unauthorized assignment of rights:
= Article 1213 seems to imply that such assignment is invalid. Hence, a
solidary creditor who assigns his rights without the consent of his co-creditors
shall answer subsidiarily for any prejudice caused to the latter by the assignee
in connection with the credit.
• As to demand upon a solidary debtor:
= the creditor may still proceed against any one of the solidary debtors or
against all of them simultaneously so long as the debt has not been fully
collected.
10. EFFECTS:
• As to payment to a creditor:
= the obligation is totally extinguished, although there arises a consequent
obligation on his part to render an account to his co-creditors.
• As to payment by a debtor:
= either totally or partially extinguishes the obligation depending upon
whether the entire amount of debt is paid or only a part thereof.
• As to the death of principal debtor:
= will not work to convert, decrease or nullify the substantive right of the
solidary creditor
.
11. EFFECTS:
• As to Novation, Compensation, Confusion, and Remission in solidary
obligations:
= shall extinguish the obligation. In other words, novation, compensation,
confusion, or remission entered into by one of the solidary creditors will have
the same effect as if the creditor was the only creditor. To the debtors, the
obligation are extinguished to the extent novated, compensated, confused, or
remitted.
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