The use of restrictive covenants in private agreements to restrict the use and occupancy of real property. • Private zoning often covers such things as lot size, building lines, architectural specifications, and property uses. [Cases: Covenants 1. C.J.S. Covenants §§ 2–3.]
A contract between parties who have made two contracts for the same transaction, sometimes so that one may be used to defraud another (such as a lender) as to the terms of the parties’ actual agreement.
quantum et quale?(kwon-t[schwa]m et kway-lee orkwah-lee). [Latin] Roman & Scots law. How much and of what kind? “It is not unusual for parties to a submission to agree that, in the event of no final decree-arbitral being pronounced, the proof taken in the course of the submission shall be received as legal probation quantum et
verderer (v[schwa]r-d[schwa]r-[schwa]r), n. [fr. French verdier “caretaker of green things”] Hist. A judicial officer who, being in charge of the king’s forest, is sworn to preserve the vert (foliage) and venison, to keep the assizes, and to view, receive, and enroll attachments and presentments on matters involving trespass. — Also spelled verderor. “In all the
addition. 1. A structure that is attached to or connected with another building that predates the structure; an extension or annex. • Although some courts have held that an addition is merely an appurtenant structure that might not actually be in physical contact with the other building, most courts hold that there must be physical
绝对责任条款 (Hell or High Water Clause) 条款背景：Hell or high water条款要求买方采取一切必要行动和义务（通常包括资产剥离），满足政府的监管要求，从而完成并购交易。 翻译难点：虽然这个条款只有一句话，但是却包含了近1000个单词。处理复杂长句是我们的优势之一，我们不仅会先理解条款的背景意思，而且会考虑英文长句转译成汉语的语序调整问题。此外，本句中有若干词汇值得一提，例如开头的“in furtherance of”；跟后边的without limiting of … 功能相同，本意是“to advance or facilitate something”，但很多情况下，其实就是implement的意思，具体的处理方式需要取决于译员的风格。Consent decree，布莱克给出的定义是“A court decree that all parties agree to.”，也叫做consent order。“hold separate order”，即initial enforcement order，这个命令的意义在于，如果相关资产剥离后，竞争力会受到影响，则相关部门会要求该部门资产独立运营，某些情况下，即使竞争力不会收到影响，也会有下发这种命令，用以维持该部分资产的价值不会削减。
lying by. The act or fact of being present at a transaction affecting one’s interests but remaining silent. • Courts often treat a person who was “lying by” at a transaction as having agreed to it and as being prevented from objecting to it.
obviate (ob-vee-ayt), vb. 1. To dispose of or do away with (a thing); to anticipate and prevent from arising (they obviated the growing problem through legislation). 2. To make unnecessary (the movant obviated the all-night drafting session by getting the opponent to agree to an extension). — obviation, n. — obviator, n.
Roman law. An A.D. 426 decree of Emperor Valentinian III listing Papinian, Paul, Gaius, Ulpian, and Modestinus as juristic writers who could be cited authoritatively in court. • If a majority of the writers agreed on an issue, the judge was bound to follow the majority view. The Law of Citations allowed the judge to
A mortgagee who takes control of mortgaged land by agreement with the mortgagor, usu. upon default of the loan secured by the mortgage. [Cases: Mortgages 187. C.J.S. Mortgages §§ 57, 288.]
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