Assignment Coupled With An Interest Proxy

The Yale Law Journal

Description:

The Yale Law Journal publishes original scholarly work in all fields of law and legal study. The journal contains articles, essays, and book reviews written by professors and legal practitioners throughout the world, and slightly shorter notes and comments written by individual journal staff members. The journal is published monthly from October through June with the exception of February.

Coverage: 1891-2014 (Vol. 1, No. 1 - Vol. 124, No. 3)

Moving Wall: 3 years (What is the moving wall?)

The "moving wall" represents the time period between the last issue available in JSTOR and the most recently published issue of a journal. Moving walls are generally represented in years. In rare instances, a publisher has elected to have a "zero" moving wall, so their current issues are available in JSTOR shortly after publication.
Note: In calculating the moving wall, the current year is not counted.
For example, if the current year is 2008 and a journal has a 5 year moving wall, articles from the year 2002 are available.

Terms Related to the Moving Wall
Fixed walls: Journals with no new volumes being added to the archive.
Absorbed: Journals that are combined with another title.
Complete: Journals that are no longer published or that have been combined with another title.

ISSN: 00440094

Subjects: Law, Law

Collections: Arts & Sciences IV Collection, JSTOR Essential Collection

Power coupled with an interest means a power to do some act, delivered along with an interest in the subject matter of the power. A naked power exists when authority is given to a stranger to dispose of an interest, in which s/he had not before, nor has, by the instrument creating the power, any estate. But when power is given to a person, who derives under the instrument creating the power, or otherwise, a present or future interest in the subject over whom the power is to be exercised, it is then a power coupled with an interest. Hence, in order to constitute a power coupled with an interest, the person clothed with it, must derive, under the instrument creating it, or otherwise, a present or future interest in the subject itself, on which the power is to be exercised, and not merely in that which is produced by the exercise of the power. Power coupled with an interest is not held for the benefit of the principal, nor it is irrevocable due to the agent’s interest in the subject matter. For this reason some authorities declare that it is not a true agency power. It is also called as power given as security or proprietary power.

The requirements for the creation of a power coupled with an interest are:

that the agency be held for the benefit of the agent not the principal;

that the agency is created to secure the performance of a duty to the agent or to protect a title in the agent; and

that the agency is created at the same time that the duty or title is created or is created for consideration.

In Pacific Landmark Hotel, Ltd. v. Marriott Hotels, Inc., 19 Cal. App. 4th 615 (Cal. Ct. App. 1993), the court observed that “a power coupled with an interest, is a power which accompanies, or is connected with, an interest. The power and the interest are united in the same person. For an agency to be coupled with an interest the agent must have a specific, present, and coexisting beneficial interest in the subject matter of the agency. The agency must be created for the benefit of the agent in order to protect some title or right in the subject of the agency or secure some performance to him. Monetary compensation, in whatever form it may take, does not create a power coupled with an interest so as to make the agency irrevocable.

0 Replies to “Assignment Coupled With An Interest Proxy”

Lascia un Commento

L'indirizzo email non verrà pubblicato. I campi obbligatori sono contrassegnati *