单词 | Joint account clause |
释义 | 共同賬戶條款 In relation to a loan advanced by two or more people on a joint mortgage of property, a clause in the mortgage deed which declares that the money lent belongs to the lenders on a joint account in equity as well as at law and that the receipt of the surviving lenders or lender, or his personal representatives, should be a complete discharge of any moneys due on the security. This clause was to rebut a presumption in equity that the lenders’ interests in the loan were several and were entitled to repayment only in proportion to their respective lending. This presumption has now been reversed by statute: Conveyancing and Property Ordinance (Cap 219) s 48. See also Joint account; Security. 如向兩名或多於兩名的人共同做出按揭貸款,則按揭契約中必須明訂一條款,表明按揭金是以聯權共有賬戶的方式欠該等貸款人的,而該等貸款人的尚存者、最後一位尚存者或最後一位尚存者的遺產代理人的收據,即完全解除按揭人的還款責任。這一條款否定了一種權益上的假定,即貸款人的貸款權益是分別擁有的,按各自的貸款比例取得還款。這一假定現已被法例明文推翻:《物業轉易及財產條例》(第219章)第48條。另見 Joint account; Security。 |
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