By: admin On: September 09, 2021 In: Uncategorized Comments: 0

184 Maitland, , Equity (1949) 161Google Scholar, declares Walsh v. Lonsdale 21 Ch.D. 9 as “a somewhat difficult and dangerous case”. The passage goes as follows: “I take a lease; my landlord then sells the land to X; notification or not my lease is good against X. I take a simple agreement for a lease, and the person who agreed to grant the lease sells it and transfers it to Y, who doesn`t notice my right just cheap. Y is not obliged to grant me a lease. Under Bosnian law, preservation is justified if the parties have entered into a deposit agreement; the deposit holder is the owner or acquires ownership of the mortgaged property; the pledge creditor (or a third party under the deposit agreement) has granted a loan to the pledge creditor (or to a third party under the deposit agreement); And the deposit was registered in the register of instructions (Registar zaloga). Section 6 of the International Arbitration Act allows the Court to stay court proceedings in favour of international arbitration. However, Singapore High Court in The Engedi [2010] SGHC 95 clarified that this provision does not give the court the power to stay an in rem appeal if the owner of the res is not a party to the arbitration agreement. These are the interests of third parties. An arbitration agreement is binding only on the parties and should not prejudice the defence of a third party with legitimate interests.

The role of the Court therefore remains essential to the protection of those interests. A mortgage agreement must be executed as a judicial document and registered in the cadastre to be perfected and take effect vis-à-vis third parties. The hypothec takes effect on the date on which it is registered in the cadastre. The classification of different mortgages on the same property depends on the order in which they were registered in the register. 58 Pledges Law, 1967, section 3 (a): “A pledge shall be created by agreement between the debtor and the creditor”. The scope of potential pledge rights in Bosnia and Herzegovina is broad: it is possible to mortgage movable property, rights, bank accounts, shares and claims. An undertaking must be described in the deposit agreement in such a way as to allow for a subsequent determination of the nature and extent of the pledge. The description of the pledge in the register of deposits is not necessary, but in the case of pledging of a given property, as defined in the framework law on the deposit, the serial number of the mortgaged immovable property must be entered in the register.

In the context of a contract of guarantee, the guarantor undertakes to pay to the creditor the debt owed by the original debtor if the original debtor does not respect his commitment. The bond of the guarantor is subordinated to the obligation of the original debtor and can only be triggered when the obligation of the original debtor becomes due and payable. 111 Contracts (General Part) Law, 1973, para. 40: “An obligation may be performed by a person other than the debtor, unless the debtor must honour it personally according to the nature of the commitment or agreement between the parties”. . . .

Trackback URL: