请输入您要查询的百科知识:

 

词条 Multiplepoinding
释义

Multiplepoinding, (pronounced as if spelled multiple·pinnding) in Scots law, the technical term for a form of action by which conflicting claims to the same fund or property are determined.

The action is brought either by the holder or by a claimant in his name. All who have any claims in the fund or property in question are ordered to appear and give in their claims; the court then prefers them according to their respective rights, and the holder of the fund or property in dispute on payment or delivery is absolved from any further claim in regard to it. It corresponds to the process of interpleader in English law.

The property or money held by the pursuer in such an action is called the fund 'in medio', because it is, or may be, subject to the claims of all the claimants, and as yet belongs to none of them. It is thus common to them all, and forms the centre or substance of the litigation. (See Trayner's Latin Maxims, under "In Medio")

Multiplepoinding literally means double diligence. Poinding is in Scots law a diligence whereby a debtor's property is carried directly to a creditor.

{{EB1911|wstitle=Multiplepoinding|volume=18|page=966a}}{{Scotland-law-stub}}

7 : Legal terminology|Scots law legal terminology|Property law of the United Kingdom|Scots civil law|Civil procedure|Equity (law)|Equitable defenses

随便看

 

开放百科全书收录14589846条英语、德语、日语等多语种百科知识,基本涵盖了大多数领域的百科知识,是一部内容自由、开放的电子版国际百科全书。

 

Copyright © 2023 OENC.NET All Rights Reserved
京ICP备2021023879号 更新时间:2024/11/13 11:39:31