Legal English – Peter’s Pills – Lesson 59 – Appurtenent vs In gross

Legal English for Notaries - By Federnotizie

Appurtenant vs In gross

Transcript:

In Peter’s Pills 42 (“Easement vs Profit à prendre“) we discovered that in the common law system an easement is the right to use someone’s land (e.g., right of way), while a profit à prendre is the right to take something away from someone’s land (e.g., wood; grass etc) . Today we see how these two can be either appurtenant (appartenenti) or in gross (in proprio).

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Legal English – Peter’s Pills – Lesson 59 – Appurtenent vs In gross ultima modifica: 2023-09-20T08:30:49+02:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 58 – Building societies and Banks

Legal English for Notaries - By Federnotizie

Building societies and Banks

Transcript:

Hello!

What is a building society? If you think that a building society is a company that builds buildings, then this Peter’s Pill is for you.

Banks (banche) and Building societies (Casse di risparmio) are different types of financial institutions that help people and businesses with their money.

Banks are owned by (sono di proprietà di) people who invest money to make profits. They offer many services like current accounts (conti correnti) and savings accounts, loans (prestiti), mortgages (mutui), and ways to invest money. Banks can be big and have branches (filiali) all over the country or even in other countries. The government makes sure (si assicura che) banks follow rules to protect customers and the economy.

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Legal English – Peter’s Pills – Lesson 58 – Building societies and Banks ultima modifica: 2023-07-26T08:30:10+02:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 57 – Valid, void and voidable contracts

Legal English for Notaries - By Federnotizie

Valid, void and voidable contracts

Transcript:

Hello!

Today we look at valid, void and voidable contracts.

Valid Contracts: A valid contract is a legally binding agreement that meets all the necessary requirements. It must have an offer, acceptance, consideration, intention to create legal relations, and free consent – these are the essential elements of a contract. A valid contract can be enforced through legal remedies if either party fails to fulfil their obligations.

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Legal English – Peter’s Pills – Lesson 57 – Valid, void and voidable contracts ultima modifica: 2023-07-12T08:30:45+02:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 56 – Rescission

Legal English for Notaries - By Federnotizie

Rescission

Transcript:

Hello!

Today we look at the meaning of rescission in the common law system. Please be careful. The meaning of rescission may be very different form the meaning in a civil law context.

Rescission is not the same thing as cancellation. Rescission is the undoing of a contract from its beginning. “Rescission of contract” refers to the legal process of undoing (disfacimento) or cancelling a contract as if it never existed, thereby restoring (riportando in questo modo) the parties to their original positions before they entered into the agreement.

The effect of rescission is to restore the parties to their original positions before the contract was formed. This involves returning any consideration (corrispettivo), such as money or property, exchanged between the parties. It may also involve returning goods (merci) or canceling any obligations created by the contract. If this is not possible, then rescission is not the right legal remedy to pursue (intraprendere). Continua a leggere

Legal English – Peter’s Pills – Lesson 56 – Rescission ultima modifica: 2023-06-28T08:30:11+02:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 55 – Golden expressions

Legal English for Notaries - By Federnotizie

Golden expressions

Transcript:

Hello!

Today we look at a few common business and legal expressions that contain the adjective “golden”. When we use “golden” it gives the idea that something is fortunate, favourable, prosperous, or abundant. For example

Golden handshake: This is generous financial compensation or a severance package (accordo di liquidazione) that is given to a senior executive (dirigente) or employee upon their departure from the company.

Golden parachute: It is a financial arrangement that guarantees substantial benefits or compensation to top executives in the event of a takeover (acquisizione) or merger (fusione), often including stock options (opzioni azionarie) and other perks (vantaggi).

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Legal English – Peter’s Pills – Lesson 55 – Golden expressions ultima modifica: 2023-06-07T08:30:47+02:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 54 – Pre-emption right vs Right of first refusal

Legal English for Notaries - By Federnotizie

Pre-emption right vs Right of first refusal

Transcript:

Hello!

Today we look at the difference between a Pre-emption right and a Right of first refusal.

Pre-emption Right: A pre-emption right is also known as a “right of first offer”. With reference to shares, this right may be found in the articles of association and grants existing shareholders the first opportunity to purchase new shares in a company before they are offered to third parties. This is generally to prevent the dilution of their shares in the company. New shares must be offered to existing shareholders in proportion to their existing holdings. If these shareholders decline to buy the shares, then the new shares may be offered to outside parties. Continua a leggere

Legal English – Peter’s Pills – Lesson 54 – Pre-emption right vs Right of first refusal ultima modifica: 2023-05-26T08:30:55+02:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 53 – What do we mean by “agent” of a company?

Legal English for Notaries - By Federnotizie

What do we mean by “agent” of a company?

Transcript:

Hello!

What exactly do we mean when we say that someone is an “agent” of a company?

An agent is a person or entity appointed by a company to act on its behalf (agire in nome e per conto) in business transactions. A company can appoint (nominare ) a director, employee, or a third-party as its agent.

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Legal English – Peter’s Pills – Lesson 53 – What do we mean by “agent” of a company? ultima modifica: 2023-05-10T08:30:22+02:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 51 – Contracts vs Deeds

Legal English for Notaries - By Federnotizie

Contracts vs Deeds

Transcript:

Hello!

Today we look at the differences between contracts and deeds. These legal documents differ in several essential aspects, including their legal requirements, purpose, and form.

A contract is a legally binding agreement between two or more parties, where each party agrees to perform specific duties or provide benefits to the other parties. Generally, contracts do not require any formalities, and they can be written, oral or by conduct, but the last two will be harder to prove (più difficile da provare).

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Legal English – Peter’s Pills – Lesson 51 – Contracts vs Deeds ultima modifica: 2023-04-05T08:30:11+02:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 50 – Executive and Non-Executive Directors

Legal English for Notaries - By Federnotizie

Executive and Non-Executive Directors

Transcript:

Hello!

In Common Law countries, a company’s board of directors is typically made up of both executive and non-executive directors. While both types of directors have important roles to play in the company’s governance, there are some key differences between the two.

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Legal English – Peter’s Pills – Lesson 50 – Executive and Non-Executive Directors ultima modifica: 2023-03-22T08:30:50+01:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 49 – Transfer of shares vs transmission of shares

Legal English for Notaries - By Federnotizie

Transfer of shares vs transmission of shares

Transcript:

Hello!

Today today we look at the difference between the transfer of shares and the transmission of shares.

Transfer of shares refers to the process of voluntarily transferring ownership of shares from one person to another. This typically occurs when an individual sells their shares to another person, or when they give them as a gift. The transfer process requires both the transferor (cedente) and the transferee (cessionario) to sign a share transfer form, which is then submitted to the company for registration. Once the transfer is registered, the new owner is listed as the shareholder and is entitled to all the rights associated with ownership, such as voting rights, dividends, and capital gains (plusvalenze).

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Legal English – Peter’s Pills – Lesson 49 – Transfer of shares vs transmission of shares ultima modifica: 2023-03-08T08:30:56+01:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 48 – They, them, their for singular nouns

Legal English for Notaries - By Federnotizie

They, them, their for singular nouns

Transcript:

Today we look at how and when we use they, them and their as pronouns for singular nouns. In English grammar we call this the epicene “they” and it has been in use since 1375.

They, them and their are often used as pronouns to refer to certain singular nouns or to refer to indefinite pronouns. We do this when those words cannot be defined simply as he or she because we don’t know the gender of the subject and it would be horrible to use “it” because we are speaking of a person.

Let’s look at some practical examples:

  • There is someone at the door. Please ask them what they want. We don’t know if that someone is a male or female, so we cannot say only he or only she, and it would be terrible to use it, so we use they/them. If you use he in this case as the pronoun and you say “There is someone at the door. Please ask him what he wants”, then your grammar will be perceived as wrong, sexist, and medieval.
  • When a person talks too much, they learn little.
  • Nobody in their right mind would do something so silly.
  • Everyone has told me that they think I made the right decision.
  • We need a manager who is generally flexible in their approach.
  • A person can’t choose where they are born.

Please note that in these cases the verb agrees with the they pronoun:

  • what they want (not “what they wants”)
  • they think (not “they thinks”)
  • they are born (not “they is born”)

It is possible to substitute the epicene “they” pronoun with nouns, but this is not always recommended because it often makes the reading heavy and repetitive. For instance:

  • There is someone at the door. Please ask them what they want = There is someone at the door. Please ask him or her what he or she wants.
  • When a person talks too much, they learn little = When a person talks too much, that person learns little.

In some cases a plural subject noun can be inserted instead of the epicene “they” pronoun with little or no change to the meaning of the sentence:

  • When a client comes into my office I try to understand what services they need = When clients come into my office I try to understand what services they need.

Furthermore, gender non-conforming people may use ‘they’ ‘them’ and ‘theirs’ as personal pronouns. ‘They’ is a gender-neutral pronoun, compared to pronouns like ‘he/him’ or ‘she/her’ which are gendered terms. If someone tells us that they would like they/them/their to be used when referring to them in the third person, we do so. For example:

  • Michael has exceeded their targets this year. They plan to apply for a promotion soon.

Remember: when we speak TO people in the second person who use they/them/their pronouns we use you:

  • Hi Michael! How are you today?

When we speak ABOUT people in the third person who use they/them/their pronouns we use they/them/their:

  • Michael said they were feeling well today.

Easy.

Thank you very much and see you next time for more Peter’s Pills to improve your Legal English!


See more on the epicene “they” here: A brief history of singular ‘they’.


Legal English for Notaries - By Federnotizie

Legal English – Sommario delle Lezioni

Legal English – Peter’s Pills – Lesson 48 – They, them, their for singular nouns ultima modifica: 2023-02-24T08:30:17+01:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 47 – Jointly and severally

Legal English for Notaries - By Federnotizie

Jointly and severally

Transcript:

Hello!

Today we look at “jointly and severally”.

Jointly and severally” (in via solidale; in solido) is a legal term used to describe a situation where two or more parties are held responsible for a debt or obligation. “Jointly” means that all parties are responsible for the full amount that is owed (intero importo dovuto) or for the full obligation. “Severally” means that each party is individually responsible for the full amount of that debt or obligation. This means that if one party fails to fulfill their obligation, the other party(ies) may be held responsible for that obligation.

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Legal English – Peter’s Pills – Lesson 47 – Jointly and severally ultima modifica: 2023-02-10T08:30:03+01:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 46 – Invoice words

Legal English for Notaries - By Federnotizie

Invoicing for notarial services

Transcript:

Hello!

Everyone enjoys making out (emettere) invoices and today we look at some possible translations that may be useful for a Civil Law Notary Public when billing (fatturare) items (voci).

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Legal English – Peter’s Pills – Lesson 46 – Invoice words ultima modifica: 2023-01-25T08:30:53+01:00 da Peter Liebenberg

Legal English – Peter’s Pills – Lesson 45 – Quotation

Legal English for Notaries - By Federnotizie

Model quotation for notarial services

Transcript:

Hello!

Today we look at the possible basis for a quotation that an Italian Civil Law Notary Public might send to a new client who requires succession, conveyancing or other services:

Dear Ms Jacobs

Subject: quotation for activities to be carried regarding [-] (brief description of activities) Continua a leggere

Legal English – Peter’s Pills – Lesson 45 – Quotation ultima modifica: 2022-12-21T08:30:24+01:00 da Peter Liebenberg