Section 35 Section 41 What may be exercised General and implied powers Investment only, not under implied power Investment of funds For primary purpose (an implied power under 35[k]) In another corporation,…
Category: Tables
Stocks vs. Bonds
Stocks Bonds Nature A unit of ownership of the company A loan to the company Profits over time Intended to appreciate in value through time (not guaranteed) Pays fixed interest over time…
Actions in rem vs. in personam
In rem proceeding In personam proceeding Object of the action To bar all who might make an objection against a right, and anyone in the world has a right to be heard…
Donation Inter Vivos vs. Mortis Causa
How to Ascertain Designation of the deed of donation must be construed together with the rest of the instrument, in order to give effect to the real intent of the transferror. –…
Positive vs. Negative Easement
Elements Positive Easement Negative Easement Act of servient estate’s owner Must allow the owner of dominant estate or the latter must do something Must refrain from doing something lawful Commencement of acquisitive…
Continuous vs. Discontinuous Easements
Element Continuous Discontinuous Use Incessant Intervals or intermittent Usage by human interruption No Yes Establishment Human action Human action Exercise No human action Needs human action Example The easement of drainage, and…
Forcible entry vs. Unlawful Detainer
FORCIBLE ENTRY UNLAWFUL DETAINER How is possessed Possession of land or building by means of force, intimidation, threat, strategy, or stealth. (FITSS) one unlawfully withholds possession thereof after the expiration or termination…
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