Tech Write Midterm
Tech Write Midterm
(LEGAL FORMS)
MIDTERM
CONVEYANCE
Is the transfer and assignment of any property right or interest from one individual or entity (the conveyor) to
another (the conveyee)
This is usually accomplished through a written instrument – most often a deed- that transfers title to, or creates a lien on
property.
A conveyance refers to a contract, meaning that the buyer, as well as the seller is legally bound to fulfill their
obligations. Supposing either party doesn’t do so, the other party is capable of suing the defaulting party in court to
either claim damages or enforce the contract.
DEED
RULES IN
DRAFTING “This Agreement” or “An
CONTRACTS/ Agreement” or “Articles of
Agreement”
DEED AS
LEGAL
RULE 2: The FULLNAMES of the parties,
DOCUMENTS their capacity, civil status, and their
residences, should come next. The logical
order in which the parties are to be named in
the document must be observed.
RULE 3: The principal or operational clauses of the document should be
stated in separate, numbered paragraphs
“This contract shall extend and be binding upon the parties thereto, their executors,
administrators and assigns
RULE 9: The place and date of execution of the document usually come
LAST, and may be stated thus:
A will is a legal document which is prepared with certain formalities, and under
which a person directs what will happen to his/her property after his/her death.
This will is effective only upon the person’s death and it can be modified or revoked by
the person at any time during his/her life.
DISTINCTION BETWEEN A DEED
AND A WILL
While wills and deeds are completely different
documents, both of them have the effect of transferring
ownership of property, and both can be used in disposing of such
property in the context of estate planning. A will disposes of
one’s estate upon death and a deed passes an interest in land or
other real property.
JURAT
Is that part of an affidavit in which the officer certifies that the instrument was sworn to
before him.
An acknowledgement is
Is the act of one who has
to authenticate an
executed a deed, in going
agreement between two
before some competent
or more persons, or
officer or court and
where the document
declaring it to be his act
contains a disposition of
or deed.
property.
INSTRUMENTS REQUIRED
TO BE
ACKNOWLEDGED
The act of acknowledging instruments is statutory and only those instruments that
are required by law to be acknowledged shall be acknowledged. An instrument can not be
acknowledged by a person other than who executed it.
The instruments that must be acknowledged are:
DEED
CONVEYANCES
Bill of
Rights Any confession or admission The law shall provide for penal and civil
obtained in violation of this or sanctions for violations of this section as
Section 17 hereof shall be well as compensation to and rehabilitation of
inadmissible in evidence against victims of torture or similar practices, and
him. their families
AFFIDAVIT
Affidavit is a voluntary sworn declaration of written facts.
The document needs to be authorized either by oath commissioner or any Notary public
so that the authenticity of affiant’s signature can be proved.
Both the author and witness need to sign it, if the affidavit is needed for conducting court
proceedings therefore it needs to be created in proper manner by any legal profession.
The person making the sworn statement is referred
to as the AFFIANT.
AN
AFFIDAVIT It is either the personal knowledge of the affiant or his/her information
and belief or although not based on their personal perspective, the affiant
states only what he/she feels they can state as true.
Example:
Republic of the Philippines, SS, City of Pasig means:
In the Republic of the Philippines, more particularly in the
City of Pasig.