There are various types of liens under Irish law, including contractual liens, statutory liens and liens arising by operation of law. 12. Are guarantees commonly used in your jurisdiction? How are they created?
Draw up your lien. A lien typically is a one-page document with information about the creditor, the debtor, and the property. Most states have specific court forms to fill out. For example, California requires a Claim of Lien form as well as a notice and an affidavit. You can learn your state's requirements by contacting your local clerk of court.
For example, if you're placing a lien on real property, most states require a legal property description such as the one on the deed, not just a street address. File your lien.
Liens allow a lienholder/lender to retain possession of property (usually goods or documents) until debts in respect of goods or services have been discharged. There are various types of liens under Irish law, including contractual liens, statutory liens and liens arising by operation of law.
1. What have been the main trends and important developments in the lending market in your jurisdiction in the last 12 months?
2. What is considered real estate in your jurisdiction? What are the most common forms of security granted over it? How are they created and perfected (that is, made valid and enforceable)?
9. How are common forms of security released? Are any formalities required?
10. Is it common in your jurisdiction to take security over the shares of an SPV set up to hold certain of the borrower's assets, rather than to take direct security over those assets?
11. What types of quasi-security structures are common in your jurisdiction? Is there a risk of such structures being recharacterised as a security interest?
12. Are guarantees commonly used in your jurisdiction? How are they created?
13. Do any laws affect the validity of a loan, security or guarantee (or the terms on which they are made or agreed)?
If a testator is married, he or she must make proper provision for the other spouse and children. If there are no children, a surviving spouse has a right to half the estate, including the family home. If there are children, he or she has a right to one third of the estate.
If the original will has been lost, advertisements should be placed in suitable newspapers to try and find it. A copy will is not normally acceptable, in case the original will was revoked – perhaps by destruction. But, if a copy exists, the High Court may be asked to admit the copy to proof.
When a client instructs a solicitor, he is entering into a contract for legal services in return for payment. As with all contracts for services, the client is liable for the fees. As soon as a solicitor starts work on any matter, fees become due.
The relationship of a client and a solicitor is the relationship of a principal and an agent and its termination is governed by law. This general principal governs most situations where a client seeks to determine a retainer.
A courteous request for the files and a prompt response are the keys for a smooth handover of the files between solicitors.