| 词汇 | Merger Rule/Doctrine |
| 释义 | `1`Merger Rule/Doctrine `2` "Legal Lexicon": MERGER RULE/DOCTRINE - It has long been the rule in this state that a pre-existing agreement between the parties is extinguished upon its incorporation into a court order. Once the agreement is merged into the court's order, neither party any longer has a right of action based on the agreement because the obligations imposed are not imposed by the agreement but by the order and are enforceable as such through contempt and other sanctions available to the court. Hough v. Hough (1945) 26 Cal.2d 605, 609-614. Although this "merger" rule has traditionally been applied in the context of divorce actions, where a preceding property or maintenance agreement is incorporated into the interlocutory decree, the policy reasons for the rule are just as applicable in the discovery context. The "merger" doctrine does not require the preceding agreement to be specifically incorporated by reference into the trial court's protective order or that the parties or their attorneys request an incorporation of the preceding agreement. In Hough, the Court stated, "'[t]he parties, in making the agreement will be presumed to have entered into the same with the understanding that the trial court possessed the power to change or modify the award or provision made for support . . ..'" Hough supra at 612. The Court went on to state, "'[i]t is not vital that the agreement . . . provides [for incorporation into the court order.] The action of the parties and the court in the . . .proceeding may be determinative.'" Id. at 613. |
| 随便看 |
|
英汉汉英法律词典收录144709条英汉法律翻译词条，基本涵盖了全部常用法律英语单词的释义及例句，是法律专业英语学习的有利工具。