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In gremio meaning
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What does In gremio mean?
In gremio describes wording that appears in the body of a legal instrument—the text within its four corners—such as a contract, deed, will or Act. Lawyers use it to signal that particular clauses or words are set out on the face of the document, as opposed to being supplied by an external document or incorporated by reference.
The expression is most familiar in Scots law (for example, “in gremio of the deed”) but is understood across England & Wales, Northern Ireland and Ireland. Usage and effect are broadly consistent.
Its practical significance is evidential and interpretative. A clause “in gremio” will ordinarily be treated as part of the instrument itself, which can affect construction, certainty, admissibility of extrinsic material, and in some contexts notice or registration (for example, real burdens in Scotland). By contrast, terms in a side letter or separate set of conditions are not in gremio unless properly incorporated. Schedules and annexes that the instrument states are part of it are generally treated as in gremio.
The term is not defined by legislation; it is a descriptive Latinism found in case law and legal commentary, including statutory interpretation where one may contrast text “in gremio of the Act” with content...
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View the related Practice Notes about In gremio
PRACTICE NOTES
Scottish Private Client Practice Glossary: Succession, Trusts, Guardianship and Property Terms with England and Wales Equivalents
A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....
21 May
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PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice
This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...
21 May
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