Relevant bibliographies by topics / Nemo dat rule

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Nemo dat rule'

Author: Grafiati
Published: 4 June 2021
Last updated: 6 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Nemo dat rule.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Nemo dat rule"

1

Williams, Ian. "THE CERTAINTY OF TERM REQUIREMENT IN LEASES: NOTHING LASTS FOREVER." Cambridge Law Journal 74, no. 3 (August 24, 2015): 592–609. http://dx.doi.org/10.1017/s0008197315000665.

Full text
Abstract:
AbstractThis article explains the rule that leases have a certain term from the outset by placing the lease within the wider context of the system of estates in land. There are no perpetual estates in land. However, some uncertain terms risk creating genuinely perpetual estates, conflicting with the nemo dat principle. All leases for uncertain terms cause considerable difficulties if a superior estate comes to an end. The article shows that the common law addressed this difficulty, not entirely consistently, before 1925, but there are still real difficulties in the operation of escheat were uncertain terms to be permitted.
APA, Harvard, Vancouver, ISO, and other styles
2

Fox, David. "Bona Fide Purchase and the Currency of Money." Cambridge Law Journal 55, no. 3 (November 1996): 547–65. http://dx.doi.org/10.1017/s0008197300100509.

Full text
Abstract:
If a thief steals money from you is it still yours? What if the thief passes it to a friend as a gift? Does it make any difference if the thief spends the money in a shop?The answer to these questions depends on the “currency” of money, a legal attribute not shared by other kinds of property. A person's title to property is generally derived from the previous owner. When the property is transferred, the title that once vested in him simply passes to the recipient with the result that the recipient cannot acquire a better title than the person from whom he got the property.' To take an example, when a thief steals a car he has bare possession of it and the victim remains the owner. A person buying the car from the thief can only get possession of it. This general rule governing the transfer of title to property is summed up in the maxim nemo dat quod non habet.
APA, Harvard, Vancouver, ISO, and other styles
3

김종호. "Reverted Title Theory and United Kingdom Consumer Protection Law Focused on the Application of nemo dat rule and its Exemption of Application." SungKyunKwan Law Review 21, no. 1 (April 2009): 667–702. http://dx.doi.org/10.17008/skklr.2009.21.1.027.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Demers, Robert. "Les droits du mineur en vertu de la Partie VI de la Loi régissant les sociétés commerciales canadiennes." Les Cahiers de droit 21, no. 2 (April 12, 2005): 399–425. http://dx.doi.org/10.7202/042390ar.

Full text
Abstract:
Transfers of shares in the private law of the Province of Quebec raise numerous questions. The rights of the bona fide transferee for value are not clearly settled by the Civil Code and the provincial Companies Act is silent on the issue. In the first part of this article, the author deals with the state of the civil law on the question, illustrating the discussion with a study of the rights of a minor to proceed against bona fide transferees generally and more specifically, under articles 297 and 1487 C.C. In the second part of the article, the question is viewed from the point of view of the federal legislation. Part VI of the Canada Business Corporations Act is studied in detail in so far as the rights of the minor are modified by the statute. This useful exercise indicates clearly the preference given by the federal Act to bona fide purchasers of securities and the rather precarious position of the true owner in questions of conflicting claims. Viewed from a larger perspective, this study reveals an important trend in recent legislative enactments : where traditional rules tend to protect property rights (nemo dat...), contemporary legislations seem to favour unduly the security of commercial transactions.
APA, Harvard, Vancouver, ISO, and other styles
5

Alam, Shajib Mahmood. "Commercial Litigation: Kulkarni's Legacy & the Nemo Dat Rule." SSRN Electronic Journal, 2014. http://dx.doi.org/10.2139/ssrn.2385492.

Full text
APA, Harvard, Vancouver, ISO, and other styles

Dissertations / Theses on the topic "Nemo dat rule"

1

Thomas, Sean Rhys. "A comparative analysis of the rule of nemo dat quod non habet and its exceptions in the law of England and Wales and the law of the United States of America." Thesis, University of Manchester, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488756.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Hradil, Aleš. "Nabytí od neoprávněného." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-338607.

Full text
Abstract:
ACQUISITION OF PROPERTY FROM UNLAWFUL POSSESSOR In my diploma thesis I deal with the issue of the acquisition of property from unlawful possessor as an exception to the traditional civil law principle nemo plus iuris ad alium transferre potest quam ipse habet (also called as nemo dat rule), the principle, which lays down that no one can transfer more rights than he has himself. The topic is extremely actual since as of 1st of January 2014 the Act No. 89/2012 Coll., The Civil Code, which - in comparison to the previous legislation - provides diametric changes in the understanding and in the legislation of the property acquisition from unlawful possessor, became effective. Until the adoption of the new Civil Code, the legislation in this area was inadequate and due to dichotomy between Civil and Commercial Code it was also fragmented. The thesis is composed of an introduction, five main chapters (which are further divided into sub-chapters) and a conclusion. Each chapter deals with different aspects of acquisition of property from unlawful possessor. In the first introductory part I give my thesis some theoretical fundamentals and define basic terminology used in this paper: property, good faith. I'm also trying to analyze nemo plus iuris principle and conflict of protection of property rights with the...
APA, Harvard, Vancouver, ISO, and other styles
3

Máchová, Šárka. "Nabytí od neoprávněného." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-348265.

Full text
Abstract:
Erwerb vom Nichtberechtigten Diese Arbeit beschäftigt sich mit der Problematik des Erwerbs des Eigentums vom Nichtberechtigten, das ein Durchbrechen des Prinzips, dass niemand mehr Recht übertragen kann, als er selbst hat, vorstellt. Das Problem wird sowohl aus der juristisch-theoretischen Sicht als auch aus der juristisch-philosophischen behandelt, wenn der Konflikt zwischen dem Schutz des guten Glaubens, des Verkehrsschutzes und dem Schutz des Eigentums, als ein das in der Charta verankerten Grundrechte, gelöst wurde. Das gegenwärtige Bürgerliche Gesetzbuch führt das Institut des gutgläubigen Erwerbs wieder in die tschechische Rechtsordnung ein und das sowohl für die Rechtsgeschäfte zwischen Kaufleuten als auch zwischen Zivil-Personen. Zu dieser Problematik wurde schon vieles verfasst. Nichts desto trotz gibt es immer noch Streitfragen in diesem Bereich. Im Zusammenhang mit der neuen Regelung entstand auch eine Reihe von Teilproblemen, auf die hinzudeuten ist. Einige von ihnen wurden unter anderem durch einige Mängel in der tschechischen Regelung verursacht, die in den Kontrast zu der besser durgeführten deutschen Regelung gestellt wurden. Die folgende Arbeit ist in vier Hauptkapitel gegliedert, die weiter in Unterkapiteln geteilt wurden. Das erste Kapitel widmet sich den theoretischen Grundbegriffen, wie...
APA, Harvard, Vancouver, ISO, and other styles

Books on the topic "Nemo dat rule"

1

Hugh, Beale, Bridge Michael, Gullifer Louise, and Lomnicka Eva. Part IV Priorities, 14 Exceptions to The Nemo Dat Rule. Oxford University Press, 2012. http://dx.doi.org/10.1093/law/9780199608720.003.0014.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Hugh, Beale, Bridge Michael, Gullifer Louise, and Lomnicka Eva. Part IV Priorities, 14 Exceptions to the Nemo Dat Rule. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198795568.003.0014.

Full text
Abstract:
This chapter illustrates how a person who acquires a legal interest in good faith and without notice takes priority over the holder of an equitable interest. The person acquiring the legal interest must provide value and not have actual or constructive notice at the time that the interest was acquired. If, however, the interest, when acquired, was initially equitable, the holder of the interest can at a later date acquire the legal interest and gain priority over the holder of a prior equitable interest, despite the fact that at the time the legal interest was acquired, the holder knew of the prior equitable interest. This is the doctrine of tabula in naufragio.
APA, Harvard, Vancouver, ISO, and other styles
3

Hugh, Beale, Bridge Michael, Gullifer Louise, and Lomnicka Eva. Part IV Priorities, 13 General Priority Rule: Nemo Dat (First in Time to be Created Wins). Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198795568.003.0013.

Full text
Abstract:
This chapter explains how the basic principle of priority between all kinds of interest is that of nemo dat quod non habet. In the context of priority disputes this is often referred to as the principle that the first in time to be created wins. There are various justifications for this rule in addition to longevity. First, there is the intuitive idea that one cannot give what one has not got. If one owns an asset and gives it to another, one no longer owns it and has nothing to give to someone else. Second, one can argue that if the basic rule were not first in time, parties would normally so arrange their affairs in any case so that priorities, at least between security interests, operated on this basis.
APA, Harvard, Vancouver, ISO, and other styles
4

Hugh, Beale, Bridge Michael, Gullifer Louise, and Lomnicka Eva. Part IV Priorities, 12 Introduction to Priorities. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198795568.003.0012.

Full text
Abstract:
This chapter provides a discourse of the nemo dat rule as the general priority rule, followed by discussions of the exceptions to that general rule. Nemo dat quod non habet is the general priority rule in relation to all interests, whether absolute or by way of security. Fully translated as ‘no one can give what they do not have’, the effect of the rule is that as between two interests, the one first in time has priority. The chapter, however, only considers priority between two or more security interests and priority between security interests and absolute interests. The only discussion of priority between absolute interests is where absolute interests are used as financing devices, either by means of the transfer or the retention of title.
APA, Harvard, Vancouver, ISO, and other styles

Book chapters on the topic "Nemo dat rule"

1

Clarke, MA, RJA Hooley, RJC Munday, LS Sealy, AM Tettenborn, and PG Turner. "10. Transfer of title." In Commercial Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780199692088.003.0010.

Full text
Abstract:
This chapter examines the transfer of title from the seller to the buyer. It first provides an overview of the rule nemo dat quod non habet (‘no-one can transfer what he does not himself have’) before discussing various exceptions to the rule, including estoppel, sale under the Factors Act 1889, sale under a voidable title, sale by seller continuing in possession, and sale by buyer in possession. Other exceptions to the nemo dat rule include sale by unpaid seller under s 48 of the Sale of Goods Act 1979, private purchase of motor vehicle held on hire-purchase, and sale under general power of sale or court order.
APA, Harvard, Vancouver, ISO, and other styles
2

Baskind, Eric. "7. Transfer of ownership by a non-owner." In Commercial Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803843.003.0007.

Full text
Abstract:
Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on the situation where a seller is able to transfer ownership of certain goods to a third party despite having no right to the goods, first explains the so-called nemo dat rule, which protects the true owner of the goods and the innocent purchaser gets no title whatever. It then considers several statutory exceptions to the nemo dat rule that protect the innocent purchaser. The chapter also examines how estoppel is applied, sale by a mercantile agent, void and voidable contracts, sale by a seller in possession after sale, sale by a buyer in possession after sale, sale of a vehicle acquired on hire purchase, the (now repealed) sale in market overt, and special powers of sale.
APA, Harvard, Vancouver, ISO, and other styles
3

Baskind, Eric. "7. Transfer of ownership by a non-owner." In Commercial Law Concentrate, 95–110. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840619.003.0007.

Full text
Abstract:
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on the situation where a seller is able to transfer ownership of certain goods to a third party despite having no right to the goods, first explains the so-called nemo dat rule, which protects the true owner of the goods and the innocent purchaser gets no title whatever. It then considers several statutory exceptions to the nemo dat rule that protect the innocent purchaser. The chapter also examines how estoppel is applied, sale by a mercantile agent, void and voidable contracts, sale by a seller in possession after sale, sale by a buyer in possession after sale, sale of a vehicle acquired on hire purchase, the (now repealed) sale in market overt, and special powers of sale.
APA, Harvard, Vancouver, ISO, and other styles
4

Fox, D., RJC Munday, B. Soyer, AM Tettenborn, and PG Turner. "10. Transfer of title." In Sealy and Hooley's Commercial Law, 356–96. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198842149.003.0010.

Full text
Abstract:
This chapter examines how a buyer can get good title to goods where the seller’s own title is non-existent or problematic. It provides an overview of the rule nemo dat quod non habet and then discusses various exceptions to it, including estoppel, sale under the Factors Act 1889, sale under a voidable title, sale by seller continuing in possession, and sale by a buyer in possession. In addition this chapter compares the common law and civil law approaches to the problem and encourages a critical approach to the issues it raises.
APA, Harvard, Vancouver, ISO, and other styles
5

Goodfellow, Denise Lawungkurr, Anne Hardy, and Sara Dolnicar. "Communication-Regulated Social Systems." In Peer-to-Peer Accommodation Networks. Goodfellow Publishers, 2017. http://dx.doi.org/10.23912/9781911396512-3618.

Full text
Abstract:
Peer-to-peer accommodation networks are considered a relatively new phenomenon. But how new are they really? This chapter explores social interactions on these networks and draws parallels to people whose existence has been dated back 65,000 years: Australian Indigenous communities. Despite their very different appearance, rules of engagement and context, traditional communities have far more in common with modern day neo-tribes that may have been thought.
APA, Harvard, Vancouver, ISO, and other styles
6

Parisi, Luciana. "The Intelligence of Computational Design." In Architectural Materialisms, 228–50. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474420570.003.0011.

Full text
Abstract:
Luciana Parisi in her chapter goes on to discuss the creative act towards novelty that comes from the nonhuman computational synthesis of logics and granular calculation of variations away from human cognition and perception based on given premises. The essay proposes an instrumental approach to design as a technology or a cognitive activity able to transform the environment by inducing new correlations of vast amounts of varied data flows. This chapter addresses the emergence of this neo-materialist approach as a symptom of a new conceptualisation of nature that no longer corresponds to the cybernetic view of an artificial system of feedback relations. It further suggests that there are some important inconsistencies between the computational conception of nature and the new rationality of the natural. Computational materiality implies a naturalisation of design intended as techne, or instrumentality, and defined not by logical aims, but operations, procedures and means that cut across strata, rules, forms and go beyond the specific constraints of each and any form.
APA, Harvard, Vancouver, ISO, and other styles
7

Alexander, Earl B., Roger G. Coleman, Todd Keeler-Wolfe, and Susan P. Harrison. "Responses of Individual Plant Species to Serpentine Soils." In Serpentine Geoecology of Western North America. Oxford University Press, 2007. http://dx.doi.org/10.1093/oso/9780195165081.003.0014.

Full text
Abstract:
In this chapter we summarize current knowledge of the physiological, evolutionary, and distributional effects of serpentine on individual plant species (see also the excellent review of the evolutionary ecology of serpentine plants by Brady et al. [2005]) A useful terminology for discussing plant responses to serpentine is Kruckeberg’s classification of species as serpentine avoiders, indifferents, endemics, and indicators (Kruckeberg 1954, 1984). Serpentine avoiders are taxa that are seldom or never found on serpentine, whereas indifferent (or bodenvag) taxa are found with roughly equivalent frequencies on and off of serpentine. Endemics are species or subspecific taxa that are entirely or almost entirely restricted to serpentine. Serpentine indicators are taxa that are either locally more common on serpentine than on other substrates or restricted to serpentine in only parts of their geographic or ecological ranges. As with any classification system, this one is only a starting point for understanding natural variation. Plant responses form a continuum from complete restriction to serpentine on one hand and complete avoidance of it on the other, and many taxa lie in between, with markedly higher or (more often) lower abundances on serpentine. It is especially common for species to be partly restricted to serpentine but also to occur on other unusual substrates (e.g., limestone, acid soils, or scree; Rune 1953), or for species to be restricted to serpentine at lower but not at higher elevations or latitudes (Rune 1953, Kruckeberg 1984, Brooks 1987). The degree of restriction to serpentine also commonly depends on the strength of other influential environmental variables such as climate, and on the history and diversity of the surrounding region. Moreover, “indifferent” taxa often show divergence into serpentine-tolerant and intolerant ecotypes, which may or may not represent the early stages of formation of new endemic species. Many fascinating ecological and evolutionary questions thus lie at the transitions between avoidance, indifference, indicator status, and endemism. Serpentine endemics have been further classified in terms of their inferred evolutionary history as either neo- or paleoendemics. Neoendemics (called “true serpentinophytes” by Rune 1953) are species that are thought to have originated through a localized shift onto serpentine, as evidenced by their narrow present-day geographic distributions and the proximity of closely related taxa on other substrates.
APA, Harvard, Vancouver, ISO, and other styles
8

Kingsbury, Benedict, Paul Mertenskötter, Richard B. Stewart, and Thomas Streinz. "The Trans-Pacific Partnership as Megaregulation." In Megaregulation Contested, 27–60. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198825296.003.0002.

Full text
Abstract:
The Trans-Pacific Partnership (TPP) brings into legal effect a new form of inter-governmental economic ordering and regulatory governance on an extended “megaregional” scale. This chapter proposes the concept of “megaregulation” as a way to understand what is distinctive about TPP and about the particular type of governance project which it partly pioneered. Megaregulation as exemplified by TPP is characterized by five features. First, it comprehensively covers commercial flows in goods, services, capital, and data. Second, its broad aim is to create a generalized freedom to operate for large corporations and their affiliates across the set of national markets covered by the treaty. Third, as its method, megaregulation employs regulatory alignment—nudging and shaping both the substance and the processes of national regulatory systems. Fourth, megaregulation involves a large but not universal (like the WTO) scale in volume of covered economic activity and creates significant gravitational pulls and emulatory pressures for third parties. Fifth, megaregulation takes the treaty-institutional form which prescribes detailed rules and empowers some inter-governmental or transnational institutions and the communities of practice spawning around them. TPP’s specific version of megaregulation further advances an ordo- or neo-liberal vision of the state and its relation to markets that deliberately builds out contrasts with China’s party-state economic ordering, thereby giving it lasting geopolitical and geoeconomic relevance.
APA, Harvard, Vancouver, ISO, and other styles
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography