Basic Explanation of Two Important Clauses in a Term Loan Agreement

The Basics of Conditions Precedent Clause

The conditions precedent (“CP”) are conditions to be fulfilled before the lender releases the loan to the borrower. Such conditions may be applicable at the time of first drawdown or any future drawdowns during the loan agreement. This clause provides a mechanism for the lender to ascertain the existence of certain documentary and non-documentary (factual) circumstances before giving out the loan. The lender, employing CP clause, tries to safeguard the fund it is going to put at risk. If there is no CP clause, the bank will be obliged to give out the loan. In this case, the bank will be defenseless unless the borrower commits a default.^[1]

ARGUMENTS IN SUPPORT OF AND ARGUMENTS AGAINST THE RULE OF PRECEDENT IN THE COMMON LAW

1.1. We are writing this topic based on the assumption that it is a website material and is not supposed to be academic research. The main question, in this writing, is whether or not a precedent, in common law, is authoritative.

Defence Rights of Accused: Legal Basis

Among the most evident rights of an accused person in all judicial systems, the accused’s defence rights stand at the top. As one of the fundamental principles of fair trial, it is envisaged in national laws including Criminal Procedure Code as well as the Law on Respect for Legitimate Freedom and Protection of Citizen’s rights (ratified in May 2004) which provides that “The courts and prosecution offices are obliged to observe the accused’s rights and provide them with the opportunity to take lawyers and experts.”