单词 | Debt |
释义 | 債項 1. An obligation to pay, a contractual liability already incurred: Castling v Aubert (1802) 2 East 325. 2. A sum of money owed: DPP v Turner [1973] 3 All ER 124. A debt is a sum of money which is now payable or will become payable in the future by reason of a present obligation. It is a right by which a creditor has to enforce by taking action in a court of law against the person who owes the money (the debtor). See also Accruing debt; Indebted. Banking and finance - An obligation by an individual or a business (debtor) to pay a certain sum of money to another party (creditor). See also Debt servicing. Real property - An obligation to pay; a sum of money owed: Director of Public Prosecutions v Turner [1973] 3 All ER 124, 3 WLR 352 (HL). A debt is a sum of money which is now payable or will become payable in the future by reason of a present obligation. It is a right which a creditor has to enforce by taking action in a court of law against the person who owes the money (the debtor). A debt is also an item of property which can be transferred without restriction: Comfort v Betts [1891] 1 QB 737; Fitzroy v Cave [1905] 2 KB 364 (CA); County Hotel and Wine Co Ltd v London and North Western Railway [1918] 2 KB 251. The law has developed a number of ways in which rights of action in debt can be transferred from one person to another in settlement of obligation such as assignment or negotiable instruments. See also Simple contract debt; Debt of record. Succession - In succession law, a monetary sum or other charge amounting to value which is owed by the deceased to another at the time of death. It is the personal representative’s duty to pay the debts of a deceased’s estate, usually within the executor’s year. Any property of the deceased, to the extent of his beneficial interest therein, and the property of which a deceased person in pursuance of any general power disposes by his will, are assets for payment of his debts and liabilities: Probate and Administration Ordinance (Cap 10) s 61. See also Bankruptcy; Debtor; Insolvent estate; Solvent. 1.有義務償付,已招致合約上的法律責任:Castling v Aubert (1802) 2 East 325。 債務 2. 所欠的款項:DPP v Turner [1973] 3 All ER 124。債務是因現行債項而須於現在或將來償付的款項。債務是債權人須在法院針對欠款的一方(債務人)提出法律行動而強制執行的權利。另見 Accruing debt; Indebted。 銀行與金融 - 個人或商行(債務人)向另一方(債權人)償付若干款項的義務。另見 Debt servicing。 土地財產 - 償付的義務;欠款:Director of Public Prosecutions v Turner [1973] 3 All ER 124,3 WLR 352 (上議院)。債務是因現行債項而須於現在或將來償付的款項。債務是債權人須在法院針對欠款的一方(債務人)提出法律行動而強制執行的權利。債務亦指可在沒在沒有限制的情況下可轉讓的財產:Comfort v Betts [1891] 1 QB 737;Fitzroy v Cave [1905] 2 KB 364 (英國上訴法院);County Hotel and Wine Co Ltd v London and North Western Railway [1918] 2 KB 251。法律提供了不同的方法,容許一方轉讓其提出債務訴訟的權利予另一方,以解決轉讓或可流轉票據等的義務。另見 Simple contract debt; Debt of record。 繼承 - 在繼承法上,指相等於死者在死亡時欠下另一人的款項或其他押記的價值。遺產代理人有責任(通常在遺囑執行人的期限之內)清償死者遺產的債務。死者享有實益權益的財產以及死者依據一般權力藉其遺囑處置的財產,即為可用以清償其債項與法律責任的資產:《遺囑認證及遺產管理條例》(第10章)第61條。另見 Bankruptcy; Debtor; Insolvent estate; Solvent。n. |
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