7-2-210
Section 7-2-210 Delegation of performance; assignment of rights. (1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach. (2) Except as otherwise provided in Section 7-9A-406, unless otherwise agreed, all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his entire obligation can be assigned despite agreement otherwise. (3) The creation, attachment, perfection, or enforcement of a security...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-210.htm - 3K - Match Info - Similar pages
7-2A-531
Section 7-2A-531 Standing to sue third parties for injury to goods. (1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party if the lessee: (i) has a security interest in the goods; (ii) has an insurable interest in the goods; or (iii) bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed. (2) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his or her suit or settlement, subject to his or her own interest, is as a fiduciary for the other party to the lease contract. (3) Either party with the consent of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-531.htm - 1K - Match Info - Similar pages
27-5-10
Section 27-5-10 "Title insurance" defined. "Title insurance" is insurance of owners of property, or others having an interest therein or liens or encumbrances thereon against loss by encumbrance, or defective titles, or invalidity or adverse claim to title. (Acts 1971, No. 407, p. 707, §94.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5-10.htm - 599 bytes - Match Info - Similar pages
41-10-146
Section 41-10-146 Loans, sales, grants, etc., of money, property, etc., to authority by counties, municipalities, etc. For the purpose of effecting the restoration, renovation, preservation, improvement, protection or maintenance of, or interest in, any public or private property that has been listed in the National Register of Historic Places, any county, municipality or other political subdivision, public corporation, agency or instrumentality of this state may, upon such terms and with or without consideration, as it may determine: (1) Lend or donate money to or perform services for the benefit of an authority; (2) Donate, sell, convey, transfer, lease or grant to an authority, without the necessity of authorization at any election of qualified voters, any property of any kind, any interest therein and any franchise; and (3) Do any and all things, whether or not specifically authorized in this article and not otherwise prohibited by law, that are necessary or convenient in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-146.htm - 1K - Match Info - Similar pages
10A-20-8.02
Section 10A-20-8.02 Right of majority group of local organization in fraternal property. The right and equity are hereby recognized and declared on behalf of the majority group of any local organization owning title to or an interest in fraternal property to preserve and protect the same from impairment or loss, to prevent fraternal property held subject to the trust clause from being converted to or used for an unintended or different use or purpose due to a change of social policies of the parent organization, and to be relieved of a material miscarriage of intent or understanding, failure of or departure from the intent or understanding of the local organization, or the majority group thereof, with respect to its use of the fraternal property or the conduct of its traditional social practices due to a change of social policies of the parent organization or of any one or more of its affiliated organizations. (Acts 1961, Ex. Sess., No. 176, p. 2137, §2; §10-4-171; amended and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-20-8.02.htm - 1K - Match Info - Similar pages
27-14-5
Section 27-14-5 Power to contract; purchase of insurance by or for minors. (a) Any person of competent legal capacity may contract for insurance. (b) Any minor of the age of 15 years or more, as determined by the nearest birthday, may, notwithstanding his minority, contract for annuities, or for insurance upon his own life, body, health, property, liabilities, or other interests or on the person of another in whom the minor has an insurable interest. Such a minor shall, notwithstanding such minority, be deemed competent to exercise all rights and powers with respect to, or under: (1) Any contract for annuity or for insurance upon his own life, body, or health; or (2) Any contract such minor effected upon his own property, liabilities, or other interests or on the person of another, as might be exercised by a person of full legal age, and may at any time surrender his interest in any such contracts and give valid discharge for any benefit accruing or money payable thereunder. Such a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-14-5.htm - 2K - Match Info - Similar pages
35-18-5
Section 35-18-5 Creation of instrument; other interests valid. (a) Any instrument intended to create a conservation easement under this chapter shall contain an explicit reference to that effect. (b) This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under any other law of this state. (Acts 1997, No. 97-715, p. 1483, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-18-5.htm - 793 bytes - Match Info - Similar pages
35-19-5
Section 35-19-5 Validity and enforceability of environmental covenants. (a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if any one or more of the following conditions apply: (1) It is not appurtenant to an interest in real property. (2) It can be or has been assigned to a person other than the original holder. (3) It is not of a character that has been recognized traditionally at common law. (4) It imposes a negative burden. (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder. (6) The benefit or burden does not touch or concern real property. (7) There is no privity of estate or contract. (8) The holder dies, ceases to exist, resigns, or is replaced. (9) The owner of an interest subject to the environmental covenant and the holder are the same person. (c) An instrument that creates restrictions or obligations...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-19-5.htm - 2K - Match Info - Similar pages
40-18-8
Section 40-18-8 Gain or loss - Recognition. (a) General rule. Except as provided in this section, upon the sale or exchange of property, the entire amount of the gain or loss determined under Section 40-18-7 shall be recognized. (b) Exchange of stock for stock of same corporation. No gain or loss shall be recognized if common stock in a corporation is exchanged solely for common stock in the same corporation, or if preferred stock in a corporation is exchanged solely for preferred stock in the same corporation. (c) Like-kind exchanges. If an exchange of property satisfies the requirements of 26 U.S.C. § 1031, relating to like-kind exchanges, then the amount of gain or loss recognized in the exchange shall be determined in accordance with 26 U.S.C. § 1031. (d) Involuntary conversions. If a taxpayer validly elects to determine the amount of gain recognized for federal income tax purposes under 26 U.S.C. § 1033, relating to involuntary conversions, the amount of gain recognized shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-8.htm - 6K - Match Info - Similar pages
40-7-18
Section 40-7-18 Allocation of tax obligation between transferor and foreign corporate transferee of property sold for certain purposes. (a) The public interest lying in the promotion of business and industry in this state, it is the intent of the Legislature and declared to be the policy of the State of Alabama by the passage of this section to promote and encourage industry and business in Alabama and specifically to induce the location within this state of the principal administrative office, principal distribution or manufacturing plant, or principal place of business of foreign corporations engaged in manufacturing, industrial, commercial, business, transportation, utility, public service, and research enterprise. This section shall be liberally construed in conformity with the said intention. (b) When any real or personal property within this state is sold to, acquired by or transferred to any foreign corporation during any property tax year in connection with locating within this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-7-18.htm - 2K - Match Info - Similar pages
|