What do they really mean in plain text? Are they still used correctly? Given the difference these terms can make when included in a contract or omitted, their importance to the parties, their lawyers and, of course, to potential translators of the contract must be crystal clear. If a subject of the contract is added to a letter, e-mail or other form of communication, it is indicated that the communication is not legally binding until it has been agreed by all parties. It may also appear to be subject to a lease or license. They may consider “subject” in the law to be “subordinate to” or “dependent on”. Such plea bargaining agreements require the consent of the court. Be sure to use the topic only to ensure that your contractual rights and obligations are clearly prioritized or referenced. The provisions that may be subject to the conditions of the Companies Act apply to the Company, except as otherwise provided in these articles of association and provided that there is no contradiction between them and the provisions of these articles. 1. Conditional or dependent on something. 2. Be under the rule of an authority or government subject to the whims of the boss.3. Exposed or open to unwanted or unfortunate criticism. 4.
The need to go through something. 5. Responsible or prone to suffer anything. Many lawyers and contract professionals use the subject to formulate in their legal letter to present a legal concept by stating that the new concept is “dependent” on adherence to another concept. The purpose of Article 2 will generally be to establish an exception to the main rule set out in Article 1. The expression “subject to” therefore justifies the hierarchical priority between the two clauses to the extent that there is an overlap between the two. The common shares may be issued on the exercise of a common share purchase warrant at an exercise price of $10.00 per share, subject to customary adjustments. The best advice I can give you is to keep your contract terms as simple as possible. My client has had a severe headache ever since. The sale of a home may also include a clause if the purchase of the home depends on the buyer selling a property to finance the purchase. If the buyer is unable to sell the property, the sale is not complete and will invalidate the contract.
If a clause is included in the contract, the seller commits to that buyer for a certain period of time and cannot accept any other offer during that period. The seller may see a benefit of a clause if they can continue to show the property to potential buyers. This allows the seller to keep control over who will buy the property. Conversely, the buyer benefits from the clause if his purchase of the house depends on the sale of another property. The buyer can set the purchase price and conditions while extending his deadline for the sale of his other property. If you use the subject in your legal documents and contracts, make sure you use it correctly. adj. means the acquisition of ownership of real property on which there is an existing mortgage or trust deed, if the new owner agrees to take back the property with the responsibility to continue to make payments on the promissory note secured by the mortgage or trust deed. Thus, the new owner (beneficiary) buys the property “subject to the secured debt”. However, if the new owner does not pay, the original debtor is responsible for the payment, but the mortgage holder or the beneficiary of the trust deed may be forcibly auctioned and the buyer could lose the property.
This is different from the new holder of the title who “takes over” the mortgage or trust deed through a written transfer of the bond. Such a transfer must be approved by the lender because the new owner`s loan may not be as strong as that of the original owner/borrower. It`s like saying “assuming you” respect the terms of one thing, you should do something else. When a legal term is introduced with the term “subject of”, it means that this legal term is dominated by another term. Class A Shares are sold at net asset value plus initial selling expenses at net asset value excluding initial selling expenses, but subject to contingent deferred selling expenses. For example, subject to the rules set out in the travel policy, employees may travel up to twice a year to meet with their customers. I recently read this interesting article by Andrew Nickels on the “subject”, “no matter” and “no bias” clauses and it made me think about the usefulness of clarifying these terms for legal translation purposes. Subject means to be conditioned or dependent on something.
For example, if an asset is transferred without clear title or charge, with its knowledge and consent to the liabilities associated with the property, that acquisition of the property is called an acquisition subject to the liabilities associated with the property. This transfer is subject to the consent of the creditor. From a legal point of view, the term “subject” establishes a rank or priority between different concepts. In other words, the legal concept introduced by the expression “subject to” must comply with or comply with the legal obligations contained in that provision. Subject to the terms of this License, each Contributor hereby grants you a perpetual, worldwide, non-exclusive, free, royalty-free, and irrevocable copyright license to reproduce, create derivative works from, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works as a source or object. In this example, you use the phrase “subject to” to tell employees that they can travel to meet with their customers, but that they must comply with the rules of the travel policy. Sometimes the same term can be found in a contract, but formulated much more broadly. For example, if the person drafting the contract does not have time to specify the specific clause numbers for which the exception is specified, the phrase may be called “Notwithstanding any other provision of this Agreement.” may be found. In this case, the exception applies to the entire agreement. This expression can be used in clear English as “Despite everything that is contrary in this agreement…” ” can be written.
Each legal translator found one or all of these terms in a contract or other legal document that they had to translate into or from English. These short sentences prove to be useful tools to save time when it comes to drafting a contract, and that`s why lawyers and jurists often use them.