Enforcing Covenants

Enforcing Covenants
Author: Brian Jones
Publisher: CRC Press
Total Pages: 189
Release: 2017-09-08
Genre: Law
ISBN: 1135329494

Enforcing Covenants focuses on the measures which managers of residential leasehold property can deploy to encourage leaseholders and other parties to abide by their contractual obligations with a view to achieving the most effective management of their estates and developments. In particular, the book concentrates on the changes to the law introduced by the Commonhold and Leasehold Reform Act 2002. Enforcing obligations in leases has never been easy, and the 2002 Act has made it even more onerous for the hard pressed property manager. Very few will be able to avoid having to take enforcement action, especially when bringing in the funds to make management feasible. Subjects examined in this book include: the new rules on forfeiture the new rules on ground rents service charge recovery enforcing county court judgments the new procedures and jurisdictions of the Leasehold Valuation Tribunals enforcing repairs neighbour disputes and nuisance cases injunctions and specific performance costs and administration charges alternative dispute resolution. Enforcing Covenants is essential reading for anyone involved in the management of property, whether they be professionals or lay directors of residents management companies. As well as examining the relevant law and decisions of the Leasehold Valuation Tribunals, the book provides much practical guidance on rules and procedures, illustrated by precedent forms and notices and backed up by some light-hearted case studies.

The Covenant Enforced

The Covenant Enforced
Author: Jean Calvin
Publisher: Inst for Christian Economics
Total Pages: 290
Release: 1990-01-01
Genre: Religion
ISBN: 9780930464332

International Bank Insolvencies:A Central Bank Perspective

International Bank Insolvencies:A Central Bank Perspective
Author: Mario Giovanoli
Publisher: Springer
Total Pages: 488
Release: 1999-09-29
Genre: Law
ISBN:

The globalisation of the world economy poses significant challenges for policy makers, regulators and legal professionals. The Asian and Brazilian financial crises have shown that difficulties in the banking sectors of some economies can have serious repercussions across world financial markets. It is clear that a sound legal infrastructure is crucial to promote financial stability in this global market. Particularly in the case of international bank failures, the need for harmonised and effective international insolvency procedures is becoming increasingly apparent. It is against this background that the Bank for International Settlements organised a workshop on International Bank Insolvencies in the summer of 1998. This unique book presents the edited workshop papers by expert lawyers from over twenty national central banks, the European Central Bank, the Basle Committee on Banking Supervision and the UN Commission on International Trade Law. Nineteen country reports provide a comprehensive overview of central banks and other institutions responsible for banking supervision and the co-ordination between authorities involved in insolvency procedures. The authors further discuss the instruments employed for crisis prevention and resolution and issues arising in the aftermath of a bank failure in the respective jurisdictions. In addition, twelve expert papers discuss issues ranging from specific national experiences to attempts at co-operation and harmonisation at regional and international level. The book further includes in an annex the text of the UNCITRAL Model Law on Cross-Border Insolvency and the EC Finality Directive.

Covenants Against Competition in Franchise Agreements

Covenants Against Competition in Franchise Agreements
Author: Peter J. Klarfeld
Publisher: American Bar Association
Total Pages: 528
Release: 2003
Genre: Business & Economics
ISBN: 9781590311141

This is a state-by-state analysis of covenants against competition in the franchise context, addressing how franchise covenants have been interpreted and enforced under each state's law. It allows comparative research and analysis of the subject.

Saving the Neighborhood

Saving the Neighborhood
Author: Richard R. W. Brooks
Publisher: Harvard University Press
Total Pages: 389
Release: 2013-04-01
Genre: Law
ISBN: 0674073711

Saving the Neighborhood tells the charged, still controversial story of the rise and fall of racially restrictive covenants in America, and offers rare insight into the ways legal and social norms reinforce one another, acting with pernicious efficacy to codify and perpetuate intolerance. The early 1900s saw an unprecedented migration of African Americans leaving the rural South in search of better work and equal citizenship. In reaction, many white communities instituted property agreements—covenants—designed to limit ownership and residency according to race. Restrictive covenants quickly became a powerful legal guarantor of segregation, their authority facing serious challenge only in 1948, when the Supreme Court declared them legally unenforceable in Shelley v. Kraemer. Although the ruling was a shock to courts that had upheld covenants for decades, it failed to end their influence. In this incisive study, Richard Brooks and Carol Rose unpack why. At root, covenants were social signals. Their greatest use lay in reassuring the white residents that they shared the same goal, while sending a warning to would-be minority entrants: keep out. The authors uncover how loosely knit urban and suburban communities, fearing ethnic mixing or even “tipping,” were fair game to a new class of entrepreneurs who catered to their fears while exacerbating the message encoded in covenants: that black residents threatened white property values. Legal racial covenants expressed and bestowed an aura of legitimacy upon the wish of many white neighborhoods to exclude minorities. Sadly for American race relations, their legacy still lingers.

Unjust Deeds

Unjust Deeds
Author: Jeffrey D. Gonda
Publisher: UNC Press Books
Total Pages: 312
Release: 2015-08-26
Genre: Social Science
ISBN: 1469625466

In 1945, six African American families from St. Louis, Detroit, and Washington, D.C., began a desperate fight to keep their homes. Each of them had purchased a property that prohibited the occupancy of African Americans and other minority groups through the use of legal instruments called racial restrictive covenants--one of the most pervasive tools of residential segregation in the aftermath of World War II. Over the next three years, local activists and lawyers at the NAACP fought through the nation's courts to end the enforcement of these discriminatory contracts. Unjust Deeds explores the origins and complex legacies of their dramatic campaign, culminating in a landmark Supreme Court victory in Shelley v. Kraemer (1948). Restoring this story to its proper place in the history of the black freedom struggle, Jeffrey D. Gonda's groundbreaking study provides a critical vantage point to the simultaneously personal, local, and national dimensions of legal activism in the twentieth century and offers a new understanding of the evolving legal fight against Jim Crow in neighborhoods and courtrooms across America.

Author:
Publisher: Oxford University Press
Total Pages: 689
Release:
Genre:
ISBN: 0192670778

Covenants Not to Compete, 4th Edition

Covenants Not to Compete, 4th Edition
Author: Filipp
Publisher: Wolters Kluwer
Total Pages: 1330
Release: 2016-12-08
Genre: Business & Economics
ISBN: 1454872608

Covenants Not to Compete fully explores legal principles for forming, drafting and implementing sound non-competition agreements. It clearly lays out what interests can be protested and covers the legal limits of enforceability. It is the most complete, practical resource on the subject of restrictive covenants, covering the litigation process from discovery through closing argument, including plaintiff and defendant approaches. The Fourth Edition provides up-to-date information on topics as: State law as reflected in State Care Digests for all 40 states, Puerto Rico and the District of Columbia Drafting considerations Assignments of covenants as a result of mergers and acquisitions Covenants Not to Compete even includes ready-to-use documents as well as individual clauses that can be easily customized for specific needs. Among these legally sound models are: Employments agreements in a variety of contexts Settlement and release agreements Confidential information clauses Non-competition provisions Litigation forms Covenants Not to Compete has been updated to include: New cases from various states addressing whether restrictions contained within a covenant not to compete in the employment context are reasonable Recent cases from various states addressing damages and injunctive relief New cases from various states analyzing covenants not to compete in connection with the sale of a business Recent cases from various states addressing the so-called "bluepencil" doctrine Recent cases addressing non-solicitation agreements and consideration issues