interpleader

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interpleader

A legal proceeding in which one holding money and making no claim to it, but unsure as to which of several claimants should receive the money,pays the money into court.This is the normal route taken by an escrow agent or someone else holding earnest money when the buyer and seller both demand the earnest money.The escrow company will name both the buyer and seller as defendants; ask that it be reimbursed out of the money for its costs, usually a small attorney's fee and a court filing fee; and that it be allowed to exit from the fight. The buyer and seller then battle over the funds.
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(19.) Questa e le prossime citazioni: E SUAREZ, De concursu cit., lib.
Remove this key position and it becomes impossible to reconcile human instrumentality with human freedom: one can posit a praedeterminatio physica to save instrumentality, or one can posit a concursus indifferens to save self-determination; one cannot have a bit of both the antecedents and the whole of both the consequents.
Comm'n on Int'l Trade Law, Working Group V (Insolvency Law), UNCITRAL Legislative Guide on Insolvency Law, Parts 1 & 2 (2004), at 67-72 (recommending that domestic legislatures should consider enacting a lex concursus choice-of-law rule with exceptions for financial markets, payment systems, and labor contracts); see also Gropper, Curious Disappearance, supra note 77, 160-63.
Can we afford, instead, to focus primarily on matters of concursus by working toward food security in self-sustaining rural communities based on the concept of sustainable livelihoods?
(176) In addition, LLMC preserves the procedure of concursus that can be used to prevent a rush to individual litigation and inequitable outcomes amongst multiple litigants.
Mauboules, the Louisiana Supreme Court affirmed the liberal application of concursus proceedings in Louisiana.
It weaves together three aspects of God's providence that is typically identified in the reformed tradition, namely, ongoing conservation (conservatio), governance (gubernatio) and God's interaction with secondary causes, including human agents (concursus).
(56) Once all claims are brought in the District Court, in a proceeding known as a "concursus," the judge then determines whether the owner is subject to liability for the damages claimed.
the home country (lex fori concursus) is the only applicable one,
Est ergo Deus causa gubernans et ordinans: et eius concursus est gubernatio et prouidentia que nihil contingenter et indeterminate agit, sed omnia ex certo iudicio" (Soto: ibid.).
Pracbent enim primum ambigendi materiam, turn litigandi disceptandique copias ad quae fit multorum concursus. Vos vero ita mentes hominum dubitationibus variis circumvolvitis, ita umbram effunditis veritati, ut nil certi reliquum sit, in quo vis cuiusquam possit hacrcre.