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  1. #1

    Default § 3108. Supplemental General Principles of Law, I Am Trying to Understand This

    My question involves business law in the state of: Texas

    I was researching a legal statute and this is what I discovered. If you can understand it, please explain it to me.

    § 3108. Supplemental general principles of law.
    The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance or other validating or invalidating cause supplement the provisions of this subpart except to the extent inconsistent with this subpart.

    Cross References. Section 3108 is referred to in section 3102 of this title.

  2. #2
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    Default Re: § 3108. Supplemental General Principles of Law, I Am Trying to Understand This

    Nope.

    You tell us why you think it's relevant to your situation. We'll respond appropriately.

  3. #3

    Default Re: § 3108. Supplemental General Principles of Law, I Am Trying to Understand This

    what situation, I am tryng to understand what it means in layman terms, not legalese but english

  4. #4
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    Default Re: § 3108. Supplemental General Principles of Law, I Am Trying to Understand This

    I can't even find that in Texas law. Other states, yes. Texas, no. For every state I do find it, it is a part of law relating to COAs and possibly HOAs but has no bearing in law beyond that. It states that the laws referred to supplement the code regarding COA/HOA except where inconsistent. How do you know if it's inconsistent? You would have to do a search for caselaw regarding it to see what courts have said.

  5. #5
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    Default Re: § 3108. Supplemental General Principles of Law, I Am Trying to Understand This

    Quote Quoting larbec
    View Post
    My question involves business law in the state of: Texas

    I was researching a legal statute and this is what I discovered. If you can understand it, please explain it to me.

    § 3108. Supplemental general principles of law.
    The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance or other validating or invalidating cause supplement the provisions of this subpart except to the extent inconsistent with this subpart.

    Cross References. Section 3108 is referred to in section 3102 of this title.
    What title?

    What subpart?

    Texas has lots of titles and subparts.

    Where did you find that one?

    What are you researching? Why did that come to your attention?

    Quoting something out of context and asking for an explanation is useless.

  6. #6
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    Default Re: § 3108. Supplemental General Principles of Law, I Am Trying to Understand This

    OK, I had to open up the options on my legal search engine. The citation is from the PENNSYLVANIA statues.

    It comes from 68 Pa CS 3108. It is from a section that deals with rules for CONDOMINIUMS and only then in Pennsylvania. What Mr. FlagFringe and most of these people don't realize is that you have to back up a bit and find out what the APPLICABILITY is of the snippet they are talking about. If you go back to section 3102, you'll see this citation only applies to:

    -This subpart applies to all condominiums created within this Commonwealth after the effective date of this subpart.

    Anyhow, all it says is that all the rest of rule of law applies to Condominiums, that the subpart doesn't stand alone as a body of law. The same text actually occurs multiple places in the PA Consolidated Statutes and is little more than boiler plate. In fact, if it were not there, the effect would almost certainly be the same in common law.

  7. #7
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    Default Re: § 3108. Supplemental General Principles of Law, I Am Trying to Understand This

    Legalese is English, it may contain long complex sentences but is very much English excepting the odd latin word or phrase. Your inability to understand it is on you.

  8. #8
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    Default Re: § 3108. Supplemental General Principles of Law, I Am Trying to Understand This

    Quote Quoting Mark47n
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    Legalese is English, it may contain long complex sentences but is very much English excepting the odd latin word or phrase. Your inability to understand it is on you.
    Yes, and the fact that it mentions "this subpart" twice means that you can't truly infer what it's talking about without knowing what "this subpart" is. Which is Title 68 Subpart B, the PA Uniform Condominum Act.

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