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http://www.duhaime.org/LegalDictionary/D/DonatioMortisCausa....
Mortis Causa Definition:
A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues.
A death-bed gift, made by a dying person, or othwerwise in contemplation of death, and conditional thereon, with the intent that the person receiving the gift shall have the thing if death ensues.
Hedges v Hedges 1708 Precedents in Chancery 269
http://www.proz.com/kudoz/spanish_to_english/tech_engineerin...
Spanish term or phrase: derecho real
English translation: rights in rem
right in rem = a right in rem is one which imposes an obligation on persons generally, i.e, either on all the world or on all the world except certain determinate persons.
As used in the Spanish Civil Code the expression "derechos reales" includes a series of rights in either real or personal property. Although university professors of Civil Law may group them differently, traditional classifications of "derechos reales" include 1) provisional rights in property ("derecho real provisional"), i.e., "posesión" (“possession”); 2) full rights in property ("derecho real pleno"), i.e., "dominio" (or) "propiedad" (“ownership”); and 3) limited rights in property ("derechos reales limitados"), which are subdivided into three large categories: 3.1) rights in the enjoyment of property ("derechos reales de goce") including "usufructo", "uso", "habitación", "servidumbres", "enfiteúsis", "censos" and "superficie"); 3.2) "security rights in property" ("derechos reales de garantía") including "prenda", "hipoteca", "anticresis", "prenda sin desplazamiento de posesión" and "hipoteca mobiliaria"; and 3.3) preferential rights in the acquisition of property "derechos de adquisición preferente" (basically, "tanteo" and "retracto").
http://www.duhaime.org/LegalDictionary/I/InRem.aspx
in Rem Definition:
Latin: regarding a thing; proprietary in nature; a right or judgment related to the use or ownership of an item of property.
Related Terms: In Personam, Transit In Rem Judicatam
Latin: All legal rights are either in personam or in rem.
In rem rights are proprietary in nature; related to the ownership of property and not based on any personal relationship, as is the case with in personam rights.
http://www.proz.com/kudoz/spanish_to_english/law:_contracts/...
Spanish term or phrase: derecho real de prenda
English translation: pledge (or) security interest (in the shares)
"Prenda" is a "pledge", generally involving delivery of the pledged collateral, but "prenda sin desplazamiento (de posesión)" may be described as a "non-possessory pledge", or simply as a "security interest" in the pledged collateral.
Taña Dalglish Jamaica Works in field Native speaker of: English PRO pts in category: 70