all-or-nothing law 中文意思是什麼
all-or-nothing law
解釋
全或無定律-
Common law takes the view that the actor should take responsibility of what has done with the precondition of a valid contract. even analyzing the consideration theory of commom law, the unauthorized disposition wont lead to the lack of consideration then make the contract invalid the international demonstration law, representing the development trend of world law, even expresses the theory that unauthorized disposition had nothing to do with validation of contract in a more explicit way in their legislation. hence the countries with advanced civil law all think or tend to mink mat unauthorized disposition contract should n ' t be invalid just only because of the action of unauthorized. china civil law should also follow the trend
英美法系則認為處分人應負權利擔保責任，而這一責任承擔的前提應是合同有效。即使從英美法系的約因理論分析，處分人無處分權也並不會造成缺乏約因，不會導致合同無效。代表了世界法律發展趨勢的國際示範法則更為明確地表達了處分人無處分權與合同效力沒有關系的思想。 -
If anyone holding of us a lay fief shall die, and our sheriff or bailiff shall exhibit our letters patent of summons for a debt which the deceased owed us, it shall be lawful for our sheriff or bailiff to attach and enroll the chattels of the deceased, found upon the lay fief, to the value of that debt, at the sight of law worthy men, provided always that nothing whatever be thence removed until the debt which is evident shall be fully paid to us ; and the residue shall be left to the executors to fulfill the will of the deceased ; and if there be nothing due from him to us, all the chattels shall go to the deceased, saving to his wife and children their reasonable shares
為我們保有世俗封土者去世后，如我們的郡長或執行吏持有要求執行死者所欠債務的特許狀，則由忠誠守法之士在場旁證，郡長或執行吏可以合法地登記扣押在該封地內的、與債務價值相當的動產；債務清償之前，封存之物不得擅動；余額應由遺囑執行人依照死者遺囑執行；如死者並無欠債，則為寡婦幼兒留存合理份額后，所有動產應盡屬死者，任由其意願處分。
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