七年寒窗夜,三段登臺階;莫忘拼字訣,櫻盼笑賞月。
再忍一下,算算應該還有一集,下下禮拜日文就亂入了喔。:)
111. servitude = 役權、地役權、用益權
A servitude is a qualified beneficial interest severed or fragmented from the ownership of an inferior property (servient estate) and attached to a superior property (dominant estate) or to some person (personal beneficiary) other than the owner. At civil law, ownership (dominium) is the only full real right whereas a servitude is a subordinate real right on par with wayleaves, real burdens (i.e. [拉丁文 id est:也就是說] real covenants), security interests, and reservations. There are two types: predial, attaching to property, and personal, attaching to a person.
A servitude cannot impose the performance of a positive duty on the owner of the burdened property but only duties either to refrain from exercising certain rights to which an owner could be otherwise entitled (negative servitude) or to suffer certain things to be done to his property which an owner otherwise could be entitled to forbid or resist (positive servitude). Servitudes arise from express agreement, adverse possession, or as a matter of law.
112. sublease = 轉租
In real estate law, sublease (or, less formally, sublet) is the name given to an arrangement in which the lessee (e.g. [exempli gratia【拉】例如 ] tennant) in a lease assigns the lease to a third party, thereby making the old lessee the sublessor, and the new lessee the sublessee, or subtenant. This means they are not only leasing the property, but also subleasing it simultaneously. For example, if a company leases an office space directly from a landlord, the lessor, and subsequently outgrows the office, then the company can sublease the smaller office space to another company, the subtenant, and enter into a new lease for a larger office space, thereby hedging their real estate exposure.
The sublessor remains liable to the original lessor in accordance with the initial lease, including all remaining rent payments, including operating expenses and all other original lease terms. In a down-market, the original lessee may require a lower rent payment from the sublessee than what he or she may have originally paid, leaving the remaining rent owed to the lessor to be paid by the original lessee. However, if market prices have increased since the original lease was signed, the sublessor might be able to secure a higher rent price than what is owed the original lessor. However, many commercial leases stipulate that any overages in rent be shared with the landlord, the lessor.
In residential real estate, it is sometimes illegal to charge the subtenant more than the original amount in the sublessee's contract (for instance, in a rent control situation where the rental amount is controlled by law). Subletting of social housing is generally illegal, whatever the rent charged to the subtenant; in the UK it is officially described as a category of housing fraud.
A sublease can also apply to vehicles as an alternate type of car rental. In a vehicle sublease, a lessee or vehicle owner can assign a lease to a third party and by way of contractual agreement for specific dates. Although this arrangement is not popular, it is a growing trend in the travel industry as a less expensive alternative for travelers and locals.
113. tenant and landlord = 承租人與出租人
114. trust deed = 信託文件
In real estate in the United States, a trust deed or deed of trust is a deed wherein legal title in real property is transferred to a trustee, which holds it as security for a loan (debt) between a borrower and lender. The borrower is referred to as the trustor, while the lender is referred to as the beneficiary of the trust deed.
Transactions involving trust deeds are normally structured so that the lender gives the borrower/trustor the money to buy the property, the seller executes a grant deed giving the property to the trustor, and the borrower/trustor immediately executes a trust deed giving the property to the trustee to be held in trust for the lender/beneficiary. Trust deeds differ from mortgages in that trust deeds always involve at least three parties, where the third party holds the legal title, while in the context of mortgages, the mortgagor gives legal title directly to the mortgagee. In either case, equitable title remains with the borrower.
A trust deed is normally recorded with the recorder or county clerk for the county where the property is located as evidence of and security for the debt. The act of recording provides constructive notice to the world that the property has been encumbered. When the debt is fully paid, the beneficiary is required by law to promptly direct the trustee to transfer the property back to the trustor by reconveyance, thus releasing the security for the debt.
Trust deeds are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, whereas most other states use mortgages. Besides purchases, deeds of trust can also be used for loans made for other kinds of purposes where real estate is merely offered as collateral, and are also used to secure performance of contracts other than loans.
115. zoning = 土地分區管制
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another. Zoning may be use-based (regulating the uses to which land may be put), or it may regulate building height, lot coverage, and similar characteristics, or some combination of these. Similar urban planning methods have dictated the use of various areas for particular purposes in many cities from ancient times.
116. prenuptial agreement = 婚前契約
A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well.
117. common law marriage = 習慣法婚姻
Common-law marriage, sometimes spelled without a hyphen and also known as sui juris marriage, informal marriage or marriage by habit and repute; is an irregular form of marriage that can be legally contracted in an extremely limited number of jurisdictions and is universally recognized as a valid marriage. Common law marriage should not be confused with non-marital relationship contracts, which involves two people living together without holding themselves out to the world as spouses and/or without legal recognition as spouses in the jurisdiction where the contract was formed. Non-marital relationship contracts are not necessarily recognized from one jurisdiction to another whereas common law marriages are, by definition, legally valid marriages worldwide - provided the parties complied with the requirements to form a valid marriage while living in a jurisdiction that still allows this irregular form of marriage to be contracted - as was historically the case under the common law of England (hence the name, "common law marriage"). That said, the term "common law marriage" is sometimes used as a synonym for "non-marital relationship contract", as well as for domestic partnership and reciprocal beneficiaries relationship. Sui juris marriages may be recognized as one of these other interpersonal relationships in foreign jurisdictions, especially if the parties to a true common law marriage are not able to prove they actually did conform to the requirements to contract a valid common law marriage in their home jurisdiction. Common law marriage is often contrasted with the ceremonial marriage.
118. community property = 夫妻共同財產
119. tenancy by the entirety = 夫妻公同共有財產
A tenancy by the entirety (sometimes called a tenancy by the entireties) is a type of concurrent estate formerly available only to married couples, where ownership of property is treated as though the couple were a single legal person. (In the State of Hawaii, the option of Tenants by the Entirety ownership is also available to domestic partners in a registered "Reciprocal Beneficiary Relationship"; Vermont's Civil Union statute qualifies parties to a civil union for tenancy by the entirety). Like a JTWROS, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property passes to the surviving spouse, without going through probate.
120. separation agreement = 分居契約
121. alimony = 贍養費
Alimony (also called maintenance (Britain) and spousal support (U.S.)) is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce. It is established by divorce law or family law in many countries and is based on the premise that both spouses in theory have a legal obligation to support each other during their marriage (or civil union) or upon separation or/and divorce.
122. child custody = 子女監護權
123. parents patriae = 國家親權
Parens patriae is Latin for "parent of the nation." In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, requiring state intervention. In U.S. litigation, parens patriae can be invoked by the state to create its standing to sue; the state declares itself to be suing on behalf of its people. For example, the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (15 USC 15(c)), through Section 4C of the Clayton Act, permits state attorneys general to bring parens patriae suits on behalf of those injured by violations of the Sherman Antitrust Act.
124. illegitimate child = 非婚生子女
125. adoption = 收養
126. paternity suit = 確認父子關係訴訟
Paternity suit is a lawsuit filed to determine the father of a child born out of wedlock.
127. guardian = 監護人
128. child support = 子女扶養費

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