naked power
The power to exercise rights over something (such as a trust) without having a corresponding interest in that thing. Cf. power coupled with an interest.
The power to exercise rights over something (such as a trust) without having a corresponding interest in that thing. Cf. power coupled with an interest.
power coupled with an interest 兼有产权的代理权 指被授权人〔agent & donee〕不仅被授予可以为一定行为的代理权,而且被授予对授权标的本身的某项权益或产权。这既不同于单纯代理权〔naked power〕,即仅有代理权限者;亦不同于代理人之可得权益仅限于分享收益或成果者。
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power collateral 附随权力 即单纯权力〔naked power〕,指被授权人对所处分土地既不享有地产权也不能为自己的利益而行使授权,例如遗嘱执行人享有的单纯的出卖权〔power of sale〕。 (=collateral power)
A power to do some act, conveyed along with an interest in the subject matter of the power. • A power coupled with an interest is not held for the benefit of the principal, and it is irrevocable due to the agent’s interest in the subject property. For this reason, some authorities assert that it
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collateral power 附随权力 作为权利主体的受赠人处分财产,给予第三人的权力,即对该财产无利益或所有权〔interest or estate〕。 (→naked power)
A land-ownership arrangement by which a trustee holds both legal and equitable title to land while the beneficiary retains the power to direct the trustee, manage the property, and draw income from the trust. — Also termed Illinois land trust; naked land trust. [Cases: Trusts 140(1). C.J.S. Trover and Conversion §§ 254, 256.]