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Research Article
The Legal Threshold of Rights and Liabilities of the Mortgagor, Mortgagee, and Lessee of a Mortgage Property in Relation to the Validity of a Lease
Saka Toyin Abdulrahman*
,
Abigail Juwah
Issue:
Volume 7, Issue 4, December 2024
Pages:
139-147
Received:
11 December 2023
Accepted:
25 December 2023
Published:
10 October 2024
Abstract: The general position of the law is that, subject to the agreement of the parties to a mortgage transaction, both the mortgagor and mortgagee of a leased property have power to lease mortgaged property. The only condition that needs to be satisfied is that the party leasing must be in possession. While the rights and liabilities of the mortgagor and mortgagee in relation to the mortgage contract poses no problems, the various legislations on mortgage do not provide for the rights and liabilities of a lessee where the property, subject matter of a mortgage, is leased. It would seem that the lessee is subject to the terms of the contract between the mortgagor and mortgagee which he is not privy to. This situation may pose more challenges than is evident and recourse would be had frequently to equity. A threshold implies a boundary of a right. In the realm of property law, the Mortgagor, Mortgagee, Lessor, and Lessee have a multitude of individual rights. However, when these parties interact, not all of these rights are accommodated. Some are modified, and others are limited. The writer, in this paper, intends to conceptualize the interaction of leases in a mortgage transaction. The major jurisdiction explored is Nigeria, with a glimpse on how other jurisdictions comparatively handle similar transactions. This paper seeks to examine the limit of the rights and liabilities of a mortgagor, the mortgagee and lessee in relation to each other in the event of a valid lease of property subject to a mortgage with a view to proposing reforms in this important area of the law and property transaction.
Abstract: The general position of the law is that, subject to the agreement of the parties to a mortgage transaction, both the mortgagor and mortgagee of a leased property have power to lease mortgaged property. The only condition that needs to be satisfied is that the party leasing must be in possession. While the rights and liabilities of the mortgagor and...
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Research Article
Child Rights, Abuse and Mitigating Options in Nollywood Films: A Study of Wives on Strike and Itoro
Issue:
Volume 7, Issue 4, December 2024
Pages:
148-154
Received:
31 August 2024
Accepted:
18 September 2024
Published:
29 October 2024
Abstract: Child rights are those fundamental privileges that contribute to the overall development of children in society. The increasing rate of child abuse impinges on the rights of children resulting in numerous negative effects that are harmful to their growth and well-being. Although some Nollywood films portray the problem of child abuse in society, not much has been done to examine the rights of children and how these rights are violated as a result of cultural and social factors that condition the well-being of children. The study examined the representation of child rights, abuse and mitigating options in Omoni Oboli’s Wives on Strike (2016) and Precious Adeyemi’s Itoro (2017). These Nollywood films were selected through a purposive sampling technique because the have thematic importance relevant to the problem of the study. James Garbarino’s Social Habitability theory was adopted as the theoretical framework for the study. Findings revealed that child labour and marriage are dominant abuses of children and teenagers in Nigeria with adverse consequences on their development. It also revealed that the girl child is at the greatest risk of abuse due to cultural and social factors. The study recommended further exposition of this crime, especially other forms of child abuse by Nollywood film practitioners to mitigate its scourge because the future of every nation depends on children.
Abstract: Child rights are those fundamental privileges that contribute to the overall development of children in society. The increasing rate of child abuse impinges on the rights of children resulting in numerous negative effects that are harmful to their growth and well-being. Although some Nollywood films portray the problem of child abuse in society, no...
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Research Article
Constitutional and Legal Provisions Related to Reservation Policies for Village Panchayat Elections in Maharashtra
Dnyaneshwar Pralhadrao Kendre*
Issue:
Volume 7, Issue 4, December 2024
Pages:
155-164
Received:
14 September 2024
Accepted:
9 October 2024
Published:
26 November 2024
Abstract: This paper examines the legal framework governing reservation policies in village panchayat elections within Maharashtra. The basis of these policies is enshrined in Article 243D of the Indian Constitution, which mandates that reservations be provided for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population within the panchayat area. This article also stipulates that at least one-third of all seats, including those reserved for SCs and STs, must be allocated for women. Furthermore, reserved seats must be rotated among different electoral wards to ensure broader participation, and the reservations for SCs and STs are subject to a time limit as specified in Article 334, which is currently set at 80 years. Additionally, state legislatures have the discretion to enact laws providing further reservations for "Other Backward Classes" (OBCs). In alignment with these constitutional principles, Maharashtra's Village Panchayat Act, 1959, extends the reservation policies by mandating a 27% reservation for OBCs on top of the existing SC/ST reservations. The state law also enhances women's representation by requiring a 50% reservation for women across all castes, surpassing the constitutional minimum. Candidates contesting reserved seats are required to produce caste validity certificates within six months of the election to avoid disqualification. The 73rd Constitutional Amendment was designed to bolster participation and leadership from marginalized communities in local governance, and the Supreme Court has affirmed the importance of these reservation policies in promoting political empowerment and democratic decentralization. Despite these advancements, several challenges persist. The stringent requirement for obtaining caste validity certificates within a limited timeframe can create barriers for candidates. Additionally, there is a risk of misuse if the reservation system is not properly implemented or monitored, potentially allowing individuals who do not genuinely belong to reserved categories to exploit the provisions.
Abstract: This paper examines the legal framework governing reservation policies in village panchayat elections within Maharashtra. The basis of these policies is enshrined in Article 243D of the Indian Constitution, which mandates that reservations be provided for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population within the...
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Commentary
The Formula "Well Regulated" in the Second Amendment to the US Constitution Cannot Be Ignored
Issue:
Volume 7, Issue 4, December 2024
Pages:
165-169
Received:
3 November 2024
Accepted:
21 November 2024
Published:
7 December 2024
Abstract: The article argues that the formula “well regulated” is an integral part of the 2nd Amendment to the US Constitution; the "well regulated" requirement (like the entire 2nd Amendment) completely applies to firearms and cannot be ignored under any interpretation or expansion of the Second Amendment. Failure to comply with the constitutional formula "well regulated" by all branches of US power has led to an unprecedentedly high "gun death" rate in the US, as well as the widespread use of American firearms by Mexican drug cartels. About 21,000 murders (including more than 2500 children) and 26,000 suicides in the US using firearms for one year 2021 cannot be considered as "well regulated" – i.e., not all requirements of the 2nd Amendment are obeyed. Obviously, ever since persons plotting a crime have been able to legally purchase, semi-automatic multi-charge firearms like the AR-15 with a rate of fire of over 100 rounds per minute, this inevitably led to numerous victims of civilian Americans. The concept of "originalism" as well as the concept "textualism" are incompatible with ignoring the constitutional formula “well regulated.
Abstract: The article argues that the formula “well regulated” is an integral part of the 2nd Amendment to the US Constitution; the "well regulated" requirement (like the entire 2nd Amendment) completely applies to firearms and cannot be ignored under any interpretation or expansion of the Second Amendment. Failure to comply with the constitutional formula "...
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Research Article
Study on Article 55 of the Maritime Law to the Carrier’s Compensation Liability of Cargo Loss
Yalong Wang*,
Changtao Zhang
Issue:
Volume 7, Issue 4, December 2024
Pages:
170-173
Received:
26 November 2024
Accepted:
10 December 2024
Published:
25 December 2024
DOI:
10.11648/j.ijls.20240704.15
Downloads:
Views:
Abstract: The Article 55 of Maritime Law is often applied for to calculate the carrier's compensation for the loss or damage of goods when disputes arising from a maritime cargo transport contract. In recent years, some judges held the points that costs of rendering the damaged goods harmless should not be covered under the carrier's liability of compensating scope according to the Article 55, the loss to the goods should only be limited to the stipulated scopes under the said article, which has attracted widespread attention in the shipping community and sparked a debate on whether any conflict to the compensating principles between Article 55 of the Maritime Law and Article 584 of the Civil Law which established the principle of full compensation. Whether the Maritime Law as a special law could exclude the application of other common law when a same concern rose, especially when there is no a clearer article stipulated by the special law. This article will make a study on the comprehending of the article 55 based on some cases, combining the revised draft of Maritime Law of the People's Republic of China that discussed and principally approved on conference of executive meeting of the State Council on August 30, 2024.
Abstract: The Article 55 of Maritime Law is often applied for to calculate the carrier's compensation for the loss or damage of goods when disputes arising from a maritime cargo transport contract. In recent years, some judges held the points that costs of rendering the damaged goods harmless should not be covered under the carrier's liability of compensatin...
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