statutory incidents

English translation: any consequences derived as granted by statute(s)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:statutory incidents
Selected answer:any consequences derived as granted by statute(s)
Entered by: ErichEko ⟹⭐

11:09 Mar 28, 2010
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: statutory incidents
The said mortgages provide.... that the Society may without any previous notice on the part of borrower:
-exercise all the statutory powers conferred on mortgagees by the Law of Property Act 1925 with all the statutory incidents of such powers.

My Polish collegues suggest that "statutory incidents" is the same as "statutory instruments". Are they right?
Ewa Dabrowska
United Kingdom
Local time: 07:24
any consequences derived as granted by statute(s)
Explanation:
This relies on this definition from Oxford dictionary:

incident (Law): a privilege, burden, or right attaching to an office, estate, or other holding

So, when putting it in your context:

....all the statutory incidents of such powers ...

it will render, IMHO,

... all derived consequences of such powers as granted by (the) statute.

The statute will be none other than Law of Property Act 1925. The text may basically says:

=all powers as set out in the Act, PLUS
=all powers derived from the above powers.

This is an effort to contain all possible holes.


Selected response from:

ErichEko ⟹⭐
Indonesia
Local time: 14:24
Grading comment
thanks
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
3 +1No
Jack Doughty
3 +1incidents relating to statute
Stephanie Ezrol
3any consequences derived as granted by statute(s)
ErichEko ⟹⭐


  

Answers


5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
No


Explanation:
Without any great legal expertise, I would say a statutory instrument
is a legal power conferred by a statute. I'm not sure if statutory incident exists, but if it does, I think it would be an incident which would have to be reported under a certain statute, and I don't see how that could apply here. So I would stick to instrument.

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Note added at 23 mins (2010-03-28 11:33:01 GMT)
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In that case I would think the English text is wrong. I can find no example of "statutory incident" being used in any way that would make sense here, whereas "statutory instruments" would make sense.

Jack Doughty
United Kingdom
Local time: 07:24
Works in field
Native speaker of: English
PRO pts in category: 116
Notes to answerer
Asker: Thanks Jack, but my text for translation is originally in English so I'm actually after some explanation what those "incidents" are. I only mentioned the "instruments" as this was the answer suggested to the English-Polish question I had asked.


Peer comments on this answer (and responses from the answerer)
agree  eski: Incident Notification and Investigation Flowchart. 2. Incident Reporting Process. 3. Incident Investigation Process. 4. Statutory Incident Reporting ... www.egwater.vic.gov.au/.../SOP 104 OHS Incident Reporting a... - Similares eski
9 hrs
  -> Thank you. Yes, that's just the sort of result I found on Google. Also tried "statutory incidence", but that has to do with tax law.
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
incidents relating to statute


Explanation:
This seems to be an older legal expression not much in use now, but used both in the US and the UK.

In the first document it hinges on statutes of ownership, but this is not the only useage as you will see in the marriage discussion.

"Appellant argues that the holding in Billings is "totally inapposite to the facts and law relevant here" because it involved the taxability of insurance proceeds of policies taken out before 1918, when the first provision expressly taxing life insurance proceeds was enacted, and the case was decided before 1942, when the statutory incidents of ownership test was enacted"

AND from the same document:

"The regulations, however, state that "incidents of ownership" has reference to the "rights of the insured . . . to the economic benefits" and then includes "the power to change the beneficiary" as one of several rights and powers the possession of which arguably constitutes a right to economic benefit."

There is more extended discussion of the legal meaning of incidents of ownership in this same document.

http://bulk.resource.org/courts.gov/c/F2/551/551.F2d.545.76-...

FROM the UK:

By contrast the 1980 Act preserved the contractual tenancy and merely added statutory incidents to it which overrode some of the contractual terms. Those overriding provisions included provisions which prevented it from being terminated except by a court order on the statutory grounds.

The rent Acts had always provided that when a tenant died, his security of tenure could be transmitted to his widow or family member. Since the Rent Act 1965 such a transmission could operate twice.

A person to whom a transmission was made became a statutory tenant. Under that system the provisions which limited the number of times the transmission mechanism could operate were extremely simple

http://business.timesonline.co.uk/tol/business/law/reports/a...

AND a more modern useage from the U.S.

"In its equal protection analysis, the court distinguished between the statutory incidents of marriage and the name "marriage." The court relied heavily on state sexual orientation discrimination and domestic partnership laws to decide that same-sex couples have a "strong interest" in treatment equal to that given to opposite sex couples. The court noted the difference between marriage and domestic partnership in terms of benefits provided and ease of entrance. Since the state had not offered any justifications for the marriage law other than "sustaining the traditional definition of marriage," the court found that there was no justification for the differentiation in benefits between married couples and domestic partners. The court rejected the state's proffered interest in preserving unity with the marriage laws of other states."

http://www.narth.com/docs/issued.html

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Note added at 2 hrs (2010-03-28 14:07:07 GMT)
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From 1966 Funk & Wagnalls Standard College dictionary:

incident
2. An event or action subordinate to some other.
3. Something that is characteristically or legally dependent upon or connected with another thing.


Stephanie Ezrol
United States
Local time: 03:24
Native speaker of: English
PRO pts in category: 20

Peer comments on this answer (and responses from the answerer)
agree  Veronika McLaren: good links!
39 mins
  -> Thanks Veronika.
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15 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
any consequences derived as granted by statute(s)


Explanation:
This relies on this definition from Oxford dictionary:

incident (Law): a privilege, burden, or right attaching to an office, estate, or other holding

So, when putting it in your context:

....all the statutory incidents of such powers ...

it will render, IMHO,

... all derived consequences of such powers as granted by (the) statute.

The statute will be none other than Law of Property Act 1925. The text may basically says:

=all powers as set out in the Act, PLUS
=all powers derived from the above powers.

This is an effort to contain all possible holes.




ErichEko ⟹⭐
Indonesia
Local time: 14:24
Works in field
Native speaker of: Native in IndonesianIndonesian
PRO pts in category: 24
Grading comment
thanks
Login to enter a peer comment (or grade)



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