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26-1A-201
Section 26-1A-201 Authority that requires specific grant; grant of general authority. (a) An
agent under a power of attorney may do the following on behalf of the principal or with the
principal's property only if the power of attorney expressly grants the agent the authority
and exercise of the authority is not otherwise prohibited by another agreement or instrument
to which the authority or property is subject: (1) create, amend, revoke, or terminate an
inter vivos trust; (2) [reserved]; (3) create or change rights of survivorship; (4) create
or change a beneficiary designation; (5) delegate authority granted under the power of attorney;
(6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including
a survivor benefit under a retirement plan; or (7) exercise fiduciary powers that the principal
has authority to delegate. (b) Notwithstanding a grant of authority to do an act described
in subsection (a), unless the power of attorney otherwise expressly...
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6-5-755
Section 6-5-755 Recovery; contribution. (a) In an action against a manufacturer and one or
more other defendants, including other manufacturers, for death or injury to person
or damage to property arising out of an accident, the right of the plaintiff to recover jointly
and severally against such defendants found liable is preserved. (b) Notwithstanding subsection
(a), in an action arising out of such accident, if the respective or comparative responsibility
of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence
of a jury the court shall make special findings, allocating the percentage of responsibility
attributable to each defendant found to have proximately caused the accident. (c) Responsibility
for the accident may be allocated to a nonparty in an action under the procedure described
in subsection (b) if each of the following requirements are satisfied: (1) A defendant affirmatively
pleads the responsibility of a nonparty as a proximate cause of...
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10A-8A-2.01
Section 10A-8A-2.01 Formation of partnership. (a) Except as otherwise provided in subsection
(b), the association of two or more persons: (1) to carry on as co-owners a business for profit
forms a partnership, whether or not the persons intend to form a partnership; or (2) to carry
on any not for profit activity, forms a partnership when (A) the persons intend to form a
partnership and (B) the persons deliver to the Secretary of State for filing a statement of
not for profit partnership in accordance with Section 10A-8A-2.02(b) setting forth their intention
to form a partnership to carry on a not for profit activity. (b) An association formed under
a statute other than this chapter, a predecessor statute, or a comparable statute of another
jurisdiction is not a partnership under this chapter. (c) In determining whether a partnership
is formed under Section 10A-8A-2.01(a)(1), the following rules apply: (1) Joint tenancy, tenancy
in common, tenancy by the entireties, joint property,...
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37-9-27
Section 37-9-27 Air carriers to file tariff of rates, fares and charges; rejection of tariff
and consequences thereof; refunds or remittances of rates, fares and charges; changes in rates,
fares and charges; filing of divisions of joint rates, fares and charges. (a) Every common
carrier by aircraft shall file with the commission, print and make available to the public,
tariffs showing all the rates, fares and charges for the intrastate transportation of persons
or property within the state between points served by it, and between points served by it
and points served by any other common carriers when through intrastate service and rates have
been established, and all classifications, rules, regulations, practices and services in connection
with such transportation. (b) Every contract carrier by aircraft shall file with the commission,
print and make available to the public, tariffs showing all minimum rates, fares and charges
for the intrastate transportation of persons or property...
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43-8-70
Section 43-8-70 Right of surviving spouse to elective share. (a) If a married person domiciled
in this state dies, the surviving spouse has a right of election to take an elective share
of the estate. The elective share shall be the lesser of: (1) All of the estate of the deceased
reduced by the value of the surviving spouse's separate estate; or (2) One-third of the estate
of the deceased. (b) The "separate estate" of the surviving spouse shall include:
(1) All property which immediately after the death of the decedent is owned by the spouse
outright or in fee simple absolute; (2) All legal and equitable interests in property the
possession or enjoyment of which are acquired only by surviving the decedent; and (3) All
income and other beneficial interests: a. Under a trust; b. In proceeds of insurance on the
life of the decedent; and c. Under any broad-based nondiscriminatory pension, profit-sharing,
stock bonus, deferred compensation, disability, death benefit or other such plan...
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5-24-1
depositor and a financial institution, and includes a checking account, savings account, time
deposit, certificate of deposit, and share account. (2) AGENT means a person authorized to
make account transactions for a party. (3) BENEFICIARY means a person named as one to whom
sums on deposit in an account are payable on request after death of all parties or for whom
a party is named as trustee. (4) DEVISEE means any person designated in a will to receive
a testamentary disposition of real or personal property. (5) FINANCIAL INSTITUTION
means an organization authorized to do business under state or federal laws relating to financial
institutions, and includes a bank, trust company, savings bank, building and loan association,
savings and loan company or association, and credit union. (6) HEIRS means those persons,
including surviving spouse, who are entitled under the statutes of intestate succession to
the property of a decedent. (7) INCLUDES or INCLUDING means includes, but not limited...
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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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43-2-696
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment, delivery,
transfer or issuance of personal property or evidence thereof pursuant to the affidavit
prescribed in section 43-2-694 shall be discharged and released to the same extent as if made
to a personal representative of the decedent, and he shall not be required to see the
application thereof or to inquire into the truth of any statement in the affidavit if made
by any other person. If any person to whom such affidavit is delivered refuses to pay, deliver,
transfer or issue any personal property or evidence thereof, it may be recovered or
its payment, delivery, transfer or issuance compelled in an action brought for such purpose
by or on behalf of the person entitled thereto under sections 43-2-692 and 43-2-695 upon proof
of the defeasible right declared by such sections. Any person to whom payment, delivery, transfer
or issuance is made shall be answerable and accountable therefor to any personal...
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27-42-12
Section 27-42-12 Exhaustion of rights; nonduplication of recovery. (a) Any person having a
claim under an insurance policy, whether or not it is a policy issued by a member insurer,
where the claim under the other policy arises from the same facts, injury, or loss
that gave rise to the covered claim against the association, shall be required first to exhaust
all coverage provided by any such policy. Any amount payable on a covered claim under this
chapter shall be reduced by the full applicable limits stated in the other insurance policy
and the association shall receive a full credit for the stated limits, or, where there are
no applicable stated limits, the claim shall be reduced by the total recovery. Notwithstanding
the foregoing, no person shall be required to exhaust any right under the policy of an insolvent
insurer. (1) A claim under a policy providing liability coverage to a person who may be jointly
and severally liable with, or a joint tortfeasor with, the person covered...
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30-4-17
governing instrument to a relative of the divorced individual's former spouse; b. provision
in a governing instrument conferring a general or nongeneral power of appointment on the divorced
individual's former spouse or on a relative of the divorced individual's former spouse; and
c. nomination in a governing instrument, nominating a divorced individual's former spouse
or a relative of the divorced individual's former spouse to serve in any fiduciary or representative
capacity, including a personal representative, executor, trustee, conservator, agent,
or guardian; and (2) severs the interests of the former spouses in property held by them at
the time of the divorce or annulment as joint tenants with the right of survivorship transforming
the interests of the former spouses into equal tenancies in common. (c) A severance under
subdivision (2) of subsection (b) does not affect any third-party interest in property acquired
for value and in good faith reliance on an apparent title by...
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