Equitable lien
| Equitable lien |
|---|
| See also |
| Equitable lien |
|---|
| See also |
Equitable lien - is one of the elements of law which is connect with a branch of properties. Aside from this definition we can distinguish a few concepts like common-law liens, statutory liens, and maritime liens[1]. Equitable lien derives from a written contract which indicates a notion of to charge a property with debt or is pledged by Court of Equity which is beyond a mainly contemplating of right which has been used like relations between a parties of this contracts and circumstances of them doings. Equitable lien is based on a written contract and it cannot be assorted to the universal area of equitable lien[2].
The differences between Equitable lien and Legal lien
There are a few basic differences[3]:
- The first different - an equitable lien is different among other legal liens. This denotation is often confusing and to explain this definition pass that is it a right which derives from nature and it inheres each of the people against the property which belongs to another person to keep safe an obligation. Moreover, a legal lien and an equitable lien may be a reason an operation implementing an equitable lien to real life may be stopped by the statute of limitations.
- The second different - the state of possession is crucial elements of legal lien, on the other hand an equitable lien may exist regardless of possession.
- The third different- an equitable lien may be created on the grounds of written contract and it ensures creditors the rights in the term of equitable lien. What's more, an equitable lien was recognized by courts as upstand a new solution of actions which are connected with equity, in any situation where one of the sides of the contract will be undeservedly enriched.
- The fourth different - an equitable lien may arise from nature as a relationship between parties of contracts, as a result, the transaction. E.g. Wife may be write in equitable lien against the property of her husband for payments about his property.
- The fifth different - an equitable lien may arise from compromise where it is obvious that the parties of the contract going to provide this right. The agreement may be in two forms: written and oral.
The right to an equitable lien be owed to every people or corporation. This right may be gauged against item or property and in each country, it is regulated by the law. This is a significant part of the transactions between people. The main objective is to fulfill all claims. Secondly, this right is often used to enforce on the other people repair a damaged item or pay out a recompensation for inflicted infringement.
References
- Bunnell R, (2018), Utah Law of Motor Vehicle Insurance and Accident Liability, Matthew Bender & Company, United States of America
- Jones A L, (2005),A treatise on the Law of Liens, Common Law, Statutory, Equitable and Maritime, The Lawbook Exchange, United States of America
- Montagu B, (2008),A Summary of the Law of Lien, The Lawbook Exchange, United States of America
- Noyes R C, (2007),The Institution of Property: A study of the Development, Substance and Arrangement of the System of Property in Modern Anglo-American Law, The Lawbook Exchange, United States of America
- Osborne D, (2014),The Law of Ship Mortgages, Informa Law from Routledge, United States of America
Footnotes
Author: Tomasz Kuś
