| 翻訳と辞書 |
| Self-help (law) ： ウィキペディア英語版 |
Self-help (law)
Self-help, in the sense of a legal doctrine, refers to individuals' implementation of their rights without resorting to legal writ or consultation of higher authority, as where a financial institution repossesses a car on which they hold both the title and a defaulted note. Individuals resort to self-help when they retrieve property found under the unauthorized control of another person, or simply abate nuisances (as by using sandbags and ditches to protect land from being flooded).
==Degrees of Limitation==
The legal system places varying degrees of limitation on self-help, and laws vary widely among different jurisdictions. Often, self-help will be allowed as long as no law is broken, and no breach of the peace occurs (or is likely to occur). Also, the usual limit on liability for actions of an agent will not apply; if one uses an agent such as an independent contractor to perform the self-help action, the principal will be held strictly liable if anything goes wrong. Courts will often place stricter limits on repossession of certain types of merchandise and on eviction of tenants. Creditors and landlords who resort to self-help in such situations are prone to tort liability, and in some jurisdictions, to criminal liability.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Self-help (law)」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|