Chattel principle definition

The Law of Fixtures: Common Law and the Uniform Commercial ...

definition for a 'fixture' or to posit tests for fixtures in all circum- stances is not a profitable undertaking." ... which retain their chattel character entirely and do not become part ... The Law of Fixtures: Common Law and the Uniform Commercial Code-P Published by Scholarly Commons at ...

August 19th,2019

PDF The Abolition of Chattel Abortion - University Faculty for ...

The Abolition of Chattel Abortion Cynthia Hallen* ABSTRACT: Current events warrant an expanded definition of abortion-on-demand as (1) a violent death sentence, (2) a source of pollution, (3) a dangerous method of birth control, (4) a disempowering deviance, (5) a dismantling of family

August 19th,2019

Principles Governing the Distinction between Conditional ...

record it as required by the statute governing chattel mort-gages, the court may entirely disregard their actions and de-clare the instrument to be a conditional sale. This general principle of determination of the intention of the parties is of course not peculiar to the law of sales or mort-

August 19th,2019

PDF The Future of Civil War Era Studies: Slavery and Capitalism

The Future of Civil War Era Studies: Slavery and Capitalism . ... definition of capitalism. If wage labor is the prima facie condition for capitalism, then the ... The "chattel principle," as popularized in Walter Johnson's Soul by Soul (1999), posits the immediate convertibility of a ...

August 19th,2019

Embodiment of Rights in Goods and the Concept of Chattel Paper

per exists. How chattel paper should be treated depends, in the first instance, on why it exists at all. Second, the imprecision in treating chattel paper as an embodiment of rights in goods' is part of a larger failure to appreciate how the principle of ostensible ownership shapes and informs all of Article 9.'

August 19th,2019

Wrongful Possession of Chattels: Hornbook Law and Case Law

WRONGFUL POSSESSION OF CHATTELS: HORNBOOK LAW AND CASE LAW R.H. Helmholz* I. INTRODUCTION It is hornbook law that possession of a chattel, even without claim of title, gives the possessor a superior right to the chattel against everyone but the true owner.1 The possessor has a "special" property interest in

August 19th,2019

Private Law: Prescription

Private Law: Prescription ... The court of appeal sustained the chattel mortgage by inter- ... order that the principle should come into play is the land sought to be acquired by prescription, and not some other land. The idea is that if the owner sees anyone in possession

August 19th,2019

PDF Comparison of Section 35(HPML) & Section 43(HPCT) Regulations

Comparison of Section 35(HPML) & Section 43(HPCT) Regulations As of 01/07/2014-VS HPML (12 CFR §1026.35) Higher-Priced Mortgage Loans HPCT (12 CFR § 1026.43) High-Priced Covered Transaction As of January 10, 2014 General A closed-end consumer credit transaction secured by the consumer's principal dwelling

August 19th,2019

PDF Am erican Citizenship: The Quest for Inclusion

ica it has in principle always been democratic, but only in principle. From the first and most radical claims for freedom and political equality were played out in counterpoint to chattel slavery, the most extreme form of servitude, the consequences of which still haunt us. The equality of political rights, which is the first mark

August 19th,2019

PDF Standard on Valuation of Personal Property - iaao.org

3. Definition of Personal Property Property means an aggregate of things or rights to things whose possession is protected by law. Two broad categories of property are real and personal. "Real property is the rights, interests, and benefits connected with real estate. Real estate is the physical parcel of land,

August 19th,2019

PDF Fixated on Fixtures: an Overview of Perfecting And

FIXATED ON FIXTURES: AN OVERVIEW OF PERFECTING AND ENSURING PRIORITY OF SECURITY INTERESTS IN FIXTURES By Brennan Posner, Sutherland Asbill & Brennan LLP. More than half a century after the Uniform Commercial Code ("UCC") was first adopted, courts, creditors,

August 19th,2019

Slavery Counted, Slavery Defined and Slavery Online

migration in slavery. More recent work, such as Walter Johnson's edited collection, The Chattel Principle, has begun to explore these forced migrations but the database could offer some comparative perspective on other forced migrations.(5) Moreover, scholars must be aware that Voyages is a snapshot only of part of the transatlantic trade.

August 19th,2019

Elementary Principles of Chattel Mortgages

ELEMENTARY PRINCIPLES OF CHATTEL MORTGAGES * JOHN McDILL Foxt A CHATTEL mortgage has been defined frequently, as a con-ditional sale of personal property as security for a debt. Under this definition the condition is really a condition subsequent, i.e. the

August 19th,2019

PDF International Company and Commercial Law Review Stuck in a ...

interest.7 This was a common law principle established in Twyne's Case.8 Because of this principle, ... the first legislation to regulate chattel mortgages was the Bills of Sale ... definition of personal chattels also includes crops attached to land irrespective of whether they are

August 19th,2019

This Species of Property: Slavery and the Properties of ...

there was a long and vibrant debate over the legitimacy of the chattel principle - the definition of enslaved persons as a type of property - and that enslaved people and their allies pushed for the recognition of the legal humanity or subjecthood of the enslaved in colonial and metropolitan courts.

August 19th,2019

The Uniform Commercial Code and Real Estate Law: Problems for ...

THE UNIFORM COMMERCIAL CODE AND REAL ESTATE LAW: PROBLEMS FOR BOTH THE REAL ESTATE LAWYER AND THE CHATTEL SECURITY LAWYER* PETER F. COOGANt and ALBERT L. CLOVISt One does not ordinarily associate the Uniform Commercial Code' with real estate law. All of its nine articles deal primarily, and seven

August 19th,2019

The Definition of Fixture in Article 9 of the U.C.C.

THE DEFINITION OF FIXTURE IN ARTICLE 9 OF THE U.C.C. The article 9fixture rules, lacking a workable dmfntion as to when a chattel becomes afixture, have caused much controversy with respect to the priori issue between real estate morigagees and chattel secured creditors. This Note examines

August 19th,2019

Pennsylvania - 1959 Session - Amendments to Article 9 of the ...

on the principle of uniformity, which is the goal of the Code. SECTION 9-105. The amendments to this section of definitions are mainly for clari- fication. The term "general intangibles" is added to subsection (1) (a) ... constitute the chattel paper. The definition of "instrument" contained in ...

August 19th,2019

PDF Statutory Conversion and Treble Damages

considering the dictionary definition of the word "use" and concluding, "[t]he term 'use' requires only that a person 'employ for some purpose'" the chattel at issue. 14 While setting out a broad definition of "use," this analysis maintains a distinction between statutory

August 19th,2019

PDF Reconciling Human Slavery and Trafficking With the Principle ...

RECONCILING HUMAN SLAVERY AND TRAFFICKING WITH THE PRINCIPLE OF EQUALITY ... it has been forced to reconcile the principle asserted in the Declaration of ... p. 2] supplied a succinct definition of slavery suitable for today' global realities: "a loss of free will and choice backed up by ...

August 19th,2019

PDF Ucc Definitions - Nrai

lease and by an instrument or a series of instruments, the group of writings taken together constitutes a chattel paper. Chattel Mortgage: A lien against property that is granted to secure an obligation, specifically in this case as it relates to chattel paper or such security agreement.

August 19th,2019

PDF Study on the Eligibility of Unregistered Chattel Mortgagee as ...

is to say, for real estate mortgages, the "Propert y Law " of China takes the principle of entry into force after registration. For the establishment of chattel mortgage, the "Property Law " takes the registration of antagonism. Article 188 stipulates that the chattel mortgage is created at the time when the

August 19th,2019

PDF Finance Leases, Hire-purchase Chattel Mortgage Contracts the ...

The final form of finance for moveable property is the chattel mortgage. This form of contract is similar to the bank loan where the purchaser borrows funds for the purchase of a moveable asset (a chattel) and the lender secures the loan with a mortgage over the chattel. Legal

August 19th,2019

Protecting Artistic Property With the Equitable Servitude ...

equity upon the legal principle that the restriction runs with the chattel for the benefit of the dominant tenement" at the expense of the servient tenement. The dominant tenement is that legally recognized property interest protected by a covenant against any invasion of the interest by

August 19th,2019

The Law of Fixtures in New York - Cornell Law School

Keach, Nelson Lester, "The Law of Fixtures in New York" (1898).Historical Theses and Dissertations Collection.Paper 396. ... The law of fixtures is one of the branches of the law of property ... As to one class of persons the chattel may be personal

August 19th,2019

PDF Understanding the Appraisal - Appraisal Institute

Appraisal Practice (USPAP) developed by the Appraisal Standards Board of The Appraisal Foundation.* USPAP specifies the procedures to be followed in developing and communicating an appraisal and the ethical rules for appraisal practice. As defined in USPAP, an appraisal is the act or process of developing an opinion of value.

August 19th,2019

PDF PRACTICAL LAW - matheson.com

PRACTICAL LAW - matheson.com ... Matheson REFORM

August 19th,2019

The Law of Fixtures: Common Law and the Uniform Commercial ...

definition for a 'fixture' or to posit tests for fixtures in all circum- stances is not a profitable undertaking." ... which retain their chattel character entirely and do not become part ... The Law of Fixtures: Common Law and the Uniform Commercial Code-P Published by Scholarly Commons at ...

August 19th,2019

PDF Understanding The Terms Of Security Agreements

chattel paper, payment intangibles or promissory notes; or (C) a cosignee. Note that there are exceptions to the need to authenticate the security agreement: for example, if the collateral is a deposit account, and the secured party has control under section 9-104 pursuant to a security agreement. b. Example:

August 19th,2019

PDF Yale Scholarship Online - Harvard University

chattel principle When, in 1849, the fugitive slave James W. C. Pennington wrote that "the being of slavery" lay in "the chattel principle," he meant to trouble the boundary between "the slave trade" and the "rest of slavery." He did so by arguing that even slaves who seemed for the moment to live good