Course Feedback

Graditi leggere vs commenti sul corso

in particolare sull'iniziativa blog e il testo adottato "International Legal English"

Grazie!

Homowork Lesson 17

From ILE text book

Language Focus revision Unit 1 to Unit 10

Lesson 17

01/12/07 Lesson 17
From ILE text book:
p. 143 Listening 2: Buying a house in Spain ex 24-26

p. 144 Reference email

pp. 146-147 Language Focus ex. 146-147

Language notes to buying a house in Italy

red tape = nastro rosso; burocrazia pedanteria burocratica lungaggine burocratica
C18: so named because of the red or pink tape used to bind official documents.
from the red tape formerly used to bind legal documents in England


GAZUMPING = VENDENDO UNA CASA AL MAGGIOR OFFERENTE. IMBROGLIANDO. DELUDENDO
The verb "gazump" means to refuse to formalise a sale agreement at the last minute in order to accept a higher offer. The word is thought to have come from the Yiddish word gazumph meaning to swindle or overcharge, which became gangster slang in the 1920s.
With buoyant property prices in the British residential property market of the late 1980s and early 1990s, gazumping became commonplace in England and Wales because a buyer's offer is not legally binding even after acceptance of the offer by the vendor.
When the owner accepts the offer on a property, the buyer will usually not yet have commissioned a building survey nor will the buyer have yet had the opportunity to perform recommended legal checks. The offer to purchase is made "subject to contract" and thus, until written contracts are exchanged either party can pull out at any time. It can take as long as 10-12 weeks for formalities to be completed, and if the seller is tempted by a higher offer during this period it leaves the buyer disappointed and out-of-pocket.

Cog = tecn. (tooth) dente m. (di ingranaggio); (wheel) ruota f. dentata, rotella f.; a (tiny) cog in the machine fig. una (semplice) rotella nell'ingranaggio. “the cogs of the bureaucratic machine”

Loophole = 1 arch. feritoia f. 2 fig. to close o plug a loophole rimediare a una lacuna; to find a loophole trovare una scappatoia o via d'uscita.

Levy = v. imporre; riscuotere, esigere; (Mil) arruolare, reclutare, chiamare alle armi; muovere, fare; (Dir) agire esecutivamente su

an irrrevocable purchase agreement = a Proposta irrevocabile d'acquisto

The preliminary contract = (Compromesso) commits both parties to the sale. This contract establishes the terms and conditions of the final contract (Rogito) and details price, date for completion, the nature of the property and guarantees from the seller. It may also include any other relevant legal details.

Deposit = (Caparra) You will be expected to pay a deposit at this stage which is usually 1/3 of the purchase price. It is important to note that if you withdraw from the sale after signing the Compromesso, you lose your deposit. However, if the seller withdraws, he must pay you double your deposit.

Rogito = This is the final stage of the process and transfers ownership of the property from the seller to the buyer (usually 1-3 months after the Compromesso). The document is drawn up by the Notary (Notaio), who represents both parties. The buyer, seller and estate agent are all required to be present for the signing of the contract at the Notary's office. You can sign the Rogito in person or we may be able to appoint a Power of Attorney in your absence

Surveyor fee = – This fee is also payable at the signing of the final contract. Some Notaries liaise with a Geometra directly and you will only pay one fee directly to the Notary. The geometra will check all the documents for the house are up-to-date and legal, that buildings have fully registered title and that the house complies with planning regulations.

Purchase tax = – which is either 3% (replaced by 4% VAT if buying from a building company) if the buyer purchases the property as his first residential home in Italy and applies for residency in the local area, or 10% if the foreign buyer already owns property in Italy or does not wish to apply for residency. Please note that the tax is calculated on the declared value of the property and not the purchase price ie. on the value stated in the building registry. The declared value of land is extremely low, unless it is valuable land such as olive groves or building land;

Lesson 16

28/12/07 Lesson 16


From ILE text book

pp. 137-138 A law firm's practice areas: Reading and comprehension
most used tense: present perfect
- our firm has dealt with a wide range of natural resource matters
- our lawyers have handled a broad array of real property/real estates

pp. 139-141 Reading 3 Understanding a lease or tenancy agreement ex. 15-20

- statutory conditions = conditions imposed by the law

-

Homework Lesson 16

- Look up on internet for information regarding all the stages involved in the sale and purchase of realy property in Italy. In other words, what procedures and documents are required?

- From ILE text book pp 142 Reading "Case review" ex. 21-22

Homework Lesson 15

Homework Lesson 15


From ILE text book:

pp. 137-138 Reading 2 A law firm’s practice areas ex 12, 13

See Lesson 15 for some extra vocabulary work

From Grammar book:

contrasting Present Perfece simple and Present Perfect continuous
p. 31 ex. 2-4

Lesson 15

24/11/07 Lesson 15

From ILE text book:

pp. 134-136 Introduction to property law ex. 1-4
- Contrasting ideas
- Language use: classification

Listening1 : Easements

Translate in Italian the terms in bold below:

fee tail = n. an old feudal expression for a title to real property which can only be passed to one's heirs "of his body" or certain heirs who are blood relatives. If the blood line ran out (no children) then the title would revert to the descendants of the lord who originally gave the land to the title-holding family. Thus, it could not be transferred to anyone outside the family. The intention was to keep lands within a family line and not subdivided. In 16th century England, trusts were established to get around this "restraint on alienation" so the land could be held in trust for another person to use.
(Fee tail nowadays is of historic and academic interest only)

fee simple = n. absolute title to land, free of any other claims against the title, which one can sell or pass to another by will or inheritance. This is a redundant form of "fee," but is used to show the fee (absolute title) is not a "conditional fee," or "determinable fee," or "fee tail." Like "fee" it is often used in deeds transferring title, as in "Harry Hadit grants to Robert Gotit title in fee simple…" or similar words.

real estate = n. land, improvements and buildings thereon, including attached items and growing things. It is virtually the same as "real property," except real property includes interests which are not physical such as a right to acquire the property in the future.

real property = n. 1) all land, structures, firmly attached and integrated equipment (such as light fixtures or a well pump), anything growing on the land, and all "interests" in the property, which may include the right to future ownership (remainder), right to occupy for a period of time (tenancy or life estate), the right to drill for oil, the right to get the property back (a reversion) if it is no longer used for its current purpose (such as use for a hospital, school or city hall), use of airspace (condominium) or an easement across another's property. Real property should be thought of as a group of rights like a bundle of sticks which can be divided. It is distinguished from personal property which is made up of movable items. 2) one of the principal areas of law like contracts, negligence, probate, family law and criminal law.

freehold = n. any interest in real property which is a life estate or of uncertain or undetermined duration (having no stated end), as distinguished from a leasehold which may have declining value toward the end of a long-term lease (such as the 99-year variety).

leasehold = n. the real estate which is the subject of a lease (a written rental agreement for an extended period of time). The term is commonly used to describe improvements on real property when the improvements are built on land owned by one party which is leased for a long term (such as 99 years) to the owner of the building. For example, the Pacific Land Company owns a lot and leases it for 99 years to the Highrise Development Corporation, which builds a 20-story apartment building and sells each apartment to individual owners as condominiums. At the end of the 99 years the building has to be moved (impossible), torn down, sold to Pacific (which need not pay much since the building is old and Highrise has no choice), or a new lease negotiated. Obviously, toward the end of the 99 years the individual condominiums will go down in value, partly from fear of lessened resale potential. This is generally theoretical (except to lending companies because the security does not include the land) since there are few buildings with less than 50 or 60 years to go on the leases or their expected lifetimes, although there are some commercial buildings which are within 20 years of termination of such leases. In most cases the buildings are obsolete by the end of the leasehold.

From Wikipedia:

foreclosure = is the equitable proceeding in which a bank or other secured creditor sells or repossesses a parcel of real property (immovable property) due to the owner's failure to comply with an agreement between the lender and borrower called a "mortgage" or "deed of trust." Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, it is typically said that "the lender has foreclosed its mortgage or lien."

Allodial title = is a concept in some systems of property law. It describes a situation where real property (land, buildings and fixtures) is owned free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever.
In common legal use, allodial title is used to distinguish absolute ownership of land by individuals from feudal ownership, where property ownership is dependent on relationship to a lord or the sovereign. Webster's first dictionary (1825 ed) says allodium is "land which is absolute property of the owner, real estate held in absolute independence, without being subject to any rent, service, or acknowledgement to a superior. It is thus opposed to feud.


A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. Under the common law such restraints are void as against the public policy of allowing landowners to freely dispose of their property. Perhaps the ultimate restraint on alienation was the fee tail, a form of ownership which required that property be passed down in the same family from generation to generation, which has also been widely abolished.
However, certain reasonable restraints will be given effect in most jurisdictions. These traditionally include:

• A prohibition against partition of property for a limited time.
• The right of first refusal - for example, if Joey sells property to Rachel, he may require that if Rachel later decides to sell the property, she must first give Joey the opportunity to buy it back.
• The establishment of public parks and gardens, as was the case for The Royal Parks of London in the UK. These public spaces were created under such terms by the Crown Estate; which meant that these parks were held in perpetuity for the public to use.

Easement = An easement is the right to do something or the right to prevent something over the real property of another. At common law, an easement came to be treated as a property right in itself and is still treated as a kind of property by most jurisdictions. In some jurisdictions, another term for easement is equitable servitude, although easements do not have their origin in equity.
The right is often described as the right to use the land of another for a special purpose. Unlike a lease, an easement does not give the holder a right of "possession" of the property, only a right of use. It is distinguished from a licence that only gives one a personal privilege to do something on the land of another.

The statute of frauds = refers to the requirement that certain kinds of contracts be made in writing and signed.
Traditionally, the statute of frauds requires a writing signed by the party against whom enforcement is sought in the following circumstances:
Contracts in consideration of marriage.
Contracts which cannot be performed within one year.
Contracts for the transfer of an interest in land.
Contracts by the executor of a will to pay a debt of the estate with their own money.
Contracts for the sale of goods above a certain value.
Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.
Law students often remember these circumstances by the mnemonic "MYLEGS" (marriage, year, land, executor, goods, surety).
It is important to note that in the United States, each State; in Canada, each province; and in Australia each State has its own variation on the statute of frauds, which may differ significantly from the traditional list.
The term statute of frauds comes from an English statutory law (29 Car. II c. 3) passed in 1677 and more properly called the Statute of Frauds and Perjuries. [1] Many common law jurisdictions have such a statute (i.e., statutory law) or provision in a statute, while a number of civil law jurisdictions have similar requirements in their civil codes

Homework Lesson 14

Homework Lesson 14

pp. 130-131 Language Focus ex. 1-6

Lesson 14

22/11/07 Lesson 14
From ILE text book:
Discussion:

• pp. 120-121 Introduction to sale of goods legislation ex. 2, 3
• pp. 122-123 Terms and conditions of sale. P. 11 ex. 11
  key terms:
  express warranty
  warranty of fitness
  implied warranty
  warranty of title
  disclaimer of warranty
  breach of warranty
  warranty of merchantability
  Standard terms and conditions of sale
  Retention of title
  Delivery
  Prices and payments
  Warranties
  Claims and credit
  Indemnification of vendor
  Changes or cancellation
  Language notes
  Peril of loss : risk of loss refer tot situation in whih goods are damages or lost during transportation or through use
  Mortgage vs charge
  A charge is similar to a mortgage: both are security for the payment of a debt. A charge is security for the payment of a debt orother obligation that does not pass ‘property’ or any right to possession to the person to whom the charge is given. A mortgage is security for the payment of a debtor other obligation that passes ‘property’ but noright to possession to the person to whom themortgage is given. A charge must be registered with Companies House to be effective http://www.companieshouse.gov.uk/about/gbhtml/gba8.shtml
  
  Mortgage by demise vs mortgage by charge
  http://en.wikipedia.org/wiki/Mortgage#Mortgage_by_legal_charge
  
  
• pp.127- 129 Reading Retention of title clause created a trust, not a charge ex 20, 22, 23, 24
  Language notes:
  Book debts are money owed to a company by its customers
  Secured creditors are creditors who have a charge over the assets of a debtor
  Proceeds sale = A transaction in which funds received from selling a security are immediately reinvested in another security.

Homework Lesson 13

Homework Lesson 13

From ILE text book:
pp. 120-121 Introduction to sale of goods legislation ex. 2, 3
pp. 122-123 Terms and conditions of sale. P. 11 ex. 11
pp.127- 129 Reading Retention of title clause created a trust, not a charge ex 20-24