Ss.- S 2. Abbreviation of South One Half
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Abolishing the Doctrine of Consideration - the Story of the Arra- Part 2
ilr.ccsenet.org International Law Research Vol. 7, No. 1; 2018 Abolishing the Doctrine of Consideration - The Story of the Arra- Part 2 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: December 26, 2017 Accepted: January 16, 2018 Online Published: February 10, 2018 doi:10.5539/ilr.v7n1p95 URL: https://doi.org/10.5539/ilr.v7n1p95 20. PLOWDEN (1565) Sharington v Strotton (1565)1 concerned the conveyance of land by use by the owner to his brother and heirs, reserving a life interest (a liferent).The case was reported by Plowden and much use of the word 'consideration' was made of - albeit, it should be noted that Plowden's reports were published in Law French in 1571 and translated in 1761. The case arose on a bill of trespass against Strotton and others for taking timber without authority from land subject to a use (a trust) contained in a deed. The crucial issue was whether the use was valid. Counsel for the P's (Fleetwood and Wray) argued that the use was invalid since there was no consideration. Plowden (appearing for the D's with Bromley - he described himself as an 'apprentice of the Middle Temple') argued that the use was valid since a deed 'imported consideration' 2 - a proposition of law accepted by later courts and one which still prevails today (the actual case held that natural love and affection was sufficient consideration but this was soon reversed).3 So, what was consideration ? And, why was natural love and affection treated as, in effect, having a money value (being a good price) ? (a) Use of the Word 'Consideration' The word 'consideration' was used extensively in the case report. -
The Trust As an Instrument of Law Reform
YALE LAW JOURNAL Vol. XXXI MARCH, 1922 No. 5 THE TRUST AS AN INSTRUMENT OF LAW REFORM AUSTIN W. ScoTT Professor of Law, Harvard University Professor Maitland, in one of his most brilliant essays,' said: "The idea of a trust is so familiar to us all that we never wonder at it. And yet surely we ought to wonder. If we were asked what was the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we could have any better answer to give than this, namely, the development from century to century of the trust idea." Maitland's dictum at first blush may seem to be an exaggeration, but when it is considered how much of the progress of the English law is due to the doctrines of the law of uses and trusts, its truth would seem to be clear. It was chiefly by means of uses and trusts that the feudal system was undermined in England, that the law of conveyancing was revolutionized, that the economic position of married women was ame- liorated, that family settlements have been effected, whereby daughters and younger sons of landed proprietors have been enabled modestly to participate in the family wealth, that unincorporated associations have found a measure of protection, that business enterprizes of many kinds have been enabled to accomplish their purposes, that great sums of money have been devoted to charitable enterprizes; and by employing the analogy of a trust, by the invention of the so-called constructive trust, the courts have been enabled to give relief against all sorts of fraudulent schemes whereby scoundrels have sought to enrich them- selves at the expense of other persons. -
The Story of the Arra- Part 1
ilr.ccsenet.org International Law Research Vol. 7, No. 1; 2018 Abolishing the Doctrine of Consideration - The Story of the Arra- Part 1 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: December 26, 2017 Accepted: January 16, 2018 Online Published: February 10, 2018 doi:10.5539/ilr.v7n1p1 URL: https://doi.org/10.5539/ilr.v7n1p1 1. INTRODUCTION Consideration is a doctrine peculiar to the English common law. One unknown to other legal systems, save for those that have adopted English law.1 As Baker has pointed out, it has no competitor in terms of the diversity and complexity of historical explanations for it.2 Indeed, it is a playground of academics 3 - including academic spats.4 This is a pity since - for the professional lawyer (and, one suspects, not a few judges) - this pre-requisite for a contract ('doctrine' is too grand a word) is as clear as mud and full of anomalies. Is it needed ? Modern legal historians have (generally) concluded that this pre-requisite was a common law development. That is, one that was 'home grown' and not deriving from Roman or canon law or the Court of Chancery. It is also (generally) perceived as having originated in the civil form of action of assumpsit in Elizabethan times; Further, one can (perhaps) locate it more precisely. In Sharington v Strotton (1565),5 the word 'consideration' was used in many different senses - without emphasis on any technical legal meaning. -
Abbott, CJ, 276–277 Abridgement
Cambridge University Press 978-1-107-12227-7 - Law and Authority in British Legal History, 1200–1900 Edited by Mark Godfrey Index More information INDEX Abbott, CJ, 276–277 Antiquity & Original of the Court of Abridgement (Fitzherbert), 73 Chancery (Snagg), 50–51 absolute power, 36–37, 38, 43 Archbishop of Cologne, 212, 216, Adam 223 dominion over Eve, 197–198 Archeion, 42–45, 50 as world’s first ruler, 200 Archeion (Lambarde), 37–39 Adam of Redlingfeld, 7 Argumentum ab Auctoritate, 62–69 Adgore, Gregory, 30 Aristotle, 62, 63, 70 adultery, 129–132, 133–134, 135, Ashley, Francis, 58–59 136–137, 138 Asinio, 67 Against Aristogeiton (Demosthenes), assize, of novel disseisin, 9–10 103 Atkin, Lord, 290 Alanus, 195 Atwood v. Small, 244 Alciato, Andreas, 112 auctor,72 Alighieri, Dante, 158 auctoritates,62 Amphiteatrum Legale (1690), 61 Augustine, Saint, 65 Ancient Law (Maine), 321 Austin, John, 293–328 Anglo-Hanseatic relations on Bentham, 300 (1474–1603), 170–191 on common law, 313–314 Bremen conference (1603), 170–178 common views with Maitland, 299 consultations by Louvain jurists on feudalism, 303–304 (1553), 182–186 on general jurisprudence, 313, Hanseatic memorandum, 186–190 314–315 arguments on privileges in, 189 historical law and, 299–300 closing pages, 188 on historical school of first part of, 187 jurisprudence, 300 legal concepts and principles in, inconsistencies in arguments, 295 188–189 on judiciary law, 311–312 second part of, 187 on jurisprudence, 323–326 technical legal register of, 190 Maitland’s criticisms of, 295–318 traditional -
Land Registration in England and Slovakia
LAND REGISTRATION IN ENGLAND AND SLOVAKIA − COMPARATIVE STUDY. by MONIKA VOZARIKOVA A thesis submitted to The University of Birmingham for the degree of MASTER OF LAWS School of Law The University of Birmingham June 2010 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. Thesis Title: Land registration in England and Slovakia – Comparative Study. Student Name: Monika Vozarikova Keywords: Land registration, Land Register, Cadastre, registered conveyancing, unregistered conveyancing, overriding interests. Abstract This thesis examines on a comparative basis the purpose, principles, functioning and effectiveness of the land registration systems in two EU member states - England and Slovakia. The comparative study aims to provide reflections “de lege ferenda” offering suggestions for statutory amendments. The thesis also examines the effect of land registration on the security and speed of conveyancing process in each state. In order to accomplish a comprehensive and up-to-date comparative study I have utilized the research conducted in the field of property law in the selected countries in order to complete an in-depth review of the national legislations on a comparative basis. The objective was to produce a comprehensive and scientifically accurate comparative study, not a mere „manual“. -
Imperial Laws Application Bill-98-1
IMPERIAL LAWS APPLICATION BILL NOTE THIS Bill is being introduced in its present form so as to give notice of the legislation that it foreshadows to Parliament and to others whom it may concern, and to provide those who may be interested with an opportunity to make representations and suggestions in relation to the contemplated legislation at this early formative stage. It is not intended that the Bill should pass in its present form. Work towards completing and polishing the draft, and towards reviewing the Imperial enactments in force in New Zealand, is proceeding under the auspices of the Law Reform Council. It is intended to introduce a revised Bill in due course, and to allow ample time for study of the revised Bill and making representations thereon. The enactment of a definitive statutory list of Imperial subordinate legis- lation in force in New Zealand is contemplated. This list could appropriately be included in the revised Bill, but this course is not intended to be followed if it is likely to cause appreciable delay. Provision for the additional list can be made by a separate Bill. Representations in relation to the present Bill may be made in accordance with the normal practice to the Clerk of the Statutes Revision Committee of tlie House of Representatives. No. 98-1 Price $2.40 IMPERIAL LAWS APPLICATION BILL EXPLANATORY NOTE THIS Bill arises out of a review that is in process of being made by the Law Reform Council of the Imperial enactments in force in New Zealand. The intention is that in due course the present Bill will be allowed to lapse, and a complete revised Bill will be introduced to take its place. -
The Charter of the Forest: Evolving Human Rights in Nature
Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 2014 The Charter of the Forest: Evolving Human Rights in Nature Nicholas A. Robinson Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Environmental Law Commons, Legal History Commons, Natural Law Commons, and the Natural Resources Law Commons Recommended Citation Nicholas A. Robinson, The Charter of the Forest: Evolving Human Rights in Nature, in Magna Carta and the Rule of Law 311 (Daniel Barstow Magraw et al., eds. 2014), http://digitalcommons.pace.edu/ lawfaculty/990/. This Book Chapter is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. Chapter 12 The Charter of the Forest: Evolving Human Rights in Nature Nicholas A. Robinson Ln 1759 William Bla kstone published TJ)e Great Charter and the harter of tbe Forest, with other Authentic Instruments, to whjch is Prefixed An lntrodu tory Discourse containing The History of the hal·ters.! Since then, much ha been written about Magna Carta but little has been written about the companioD Forest Charter. This chapter reexamines "the e twO sacred charters,,,2 focusing u,p n the "liberties of the for sr '3 that the po,re t barter established, an I how they evolved amjd the contentious struggles over stewardship of England' fore t re urce.4 The Forest harter both contributed to establishing the ruJe of law and aJ 0 laun hed ight enturies f legislation conserving forest resources and lands ape. -
The Law of Uses Prevails, and the Transfer of Land, Except Where Varied by the Colonial Law—As with Us, Often Modified by Our Railway and Other Statutes—Must Prevail
'!«:<' ',1 < t t JTi'l ("l OlnrttfU Ham irl^nol Hthrary iMarHliaU iEquttg QloUertion (Sift of IE. 31. Matatfall, E.S. 1. 1B94 CORNELL UNIVERSITY LIBRARY 3 1924 084 263 346 The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http ://www. arch i ve . o rg/detai Is/cu31 924084263346 : THE LAW OF USES WILLIAM HANBURY JONES, ESQ. LONDON V. AND K STEVENS, SONS, AND HAYNES, 26, BELL YARD, LINCOLN'S INN. 1862. : LONDON BRADBURY AND EVANS, PRINTERS, WHITEFRIARS. TO SIR ROUNDELL PALMER, HEK majesty's SOLIOITOR-GBSEBAL, WITH SINCEEB ADMIRAiON AND EESPBCT, AND Br HIS SANCTION, THESE PAGES ARE INSCRIBED. INTRODUCTION. When Sir "William Blackstone published his " Com- mentaries," there existed little to facilitate the know- ledge of Real Property. There were, it is true, " Coke upon Littleton," " Coke's Reports," Brooke's, Bacon's, and Viner's Abridgements, Perkins, " Hale's Analysis," " Sheppard's Touchstone," Treatises by Pigott, Bacon, and Gilbert, and the luminous judgments of Lord Hardwicke in Peere Williams, Atkins, and Vesey senior ; but these, although affording copious materials, were not method- ised, or reduced to system, and the task of obtaining a clear and comprehensive view of the law of property was most arduous.* " Blackstone's Commentaries,"—certainly a wonderful performance,—was followed by the Notes of Hargrave and Butler to Coke Littleton, the Treatises of Mr. Fearne, and the labours of Watkins, Cruise, Powell, Butler, Sanders, Preston, and .Sugden, which further * The writer on referring to " Printed Cases and Opinions," has often marvelled at the intuitive perception and piercing discrimination of Mr. -
Scanned Using the Fujitsu 6670 Scanner and Scandall Pro Ver 1.7
i IMPERIAL LAWS APPLICATION BILL EXPLANATORY NOTE TOWARDS the end of the 1981 session, an earlier version of this Bill was introduced into Parliament so as to give notice of the legislation that it foreshadowed to Parliament and to others whom it may concern. The present version of the Bill brings in the tentative thinking in relation to work done and suggestions received since then so far as ideas have clarified sufficiently to warrant inclusion at this stage. The primary purpose of the intended legislation is to provide for the repeal, in relation to New Zealand, of all Imperial Acts that serve no necessary or useful purpose in this country; the creation of a definitive statutory list of Imperial Acts that are, in the meantime, to continue to have effect as part of the laws of New Zealand in their existing form or in an amended form; the enactment of revised substituted provisions to take the place of certain Imperial Acts that can be dealt with in this way at this stage; and the enactment of certain consequential provisions. The possibility of providing for revised substituted provisions by separate concurrent Bills has been contemplated in some cases. It is not intended to delay the enactment of legislation on the lines now proposed while all details of suitable substituted provisions are being settled. A secondary purpose of the intended legislation is to define or save the Imperial subordinate legislation that is in future to have effect as part of the laws of New Zealand, and to revoke all other Imperial subordinate legislation in relation to New Zealand. -
Department of Justice, Equality and Law Reform
Department of Justice, Equality and Law Reform Options and recommendations for the better protection, preservation and access to the documents in the Registry of Deeds. June 2006 Department of Justice, Equality and Law Reform Options and recommendations for the better protection, preservation and access to the documents in the Registry of Deeds. June 2006 Company Confidential © PA Knowledge Limited 2006 Prepared by: PA Consulting Group PA Consulting Group Embassy House Herbert Park Lane Ballsbridge Dublin 4 Tel: +353 1 6684346 Fax: +353 1 6681771 www.paconsulting.com Version: 1.3 Department of Justice, Equality and Law Reform 18/7/06 1. Executive summary TABLE OF CONTENTS 1. Executive summary 5 1.1 Assignment Methodology 5 1.2 Key findings 6 1.3 Complication 6 1.4 Key Questions 6 1.5 Proposed way forward 6 1.6 Indicative Costs 7 1.7 Examples of Similar Approaches 8 2. Historical and Cultural Background 9 2.1 King’s Inns at Henrietta Street 9 2.2 James Gandon (1743-1823) 9 2.3 Kings Inns 9 2.4 Historical Background to the Registry of Deeds 9 2.5 Registry of Deeds Time Line 10 3. Requirements for Better Archival Protection 11 3.1 Physical Space Requirements 11 3.2 Public Access Requirements 12 3.3 Building Standards Requirements 12 3.4 Document Accommodation Requirements 12 3.5 Location Requirements 13 3.6 Document Scanning Requirements 13 4. List of Options 15 4.1 Background Considerations 15 4.2 Criteria for Assessing Options 16 4.3 Option 1 - No Change - Baseline 17 4.4 Option 2 - Upgrade current Location 18 4.5 Option 3 - Relocate Operations and Reorganise the Building 20 4.6 Option 4 - Prioritise Key Documents 22 4.7 Option 5 - Scan, Index and Store 24 4.8 Option 6 - Relocate Documents to National Archive 26 4.9 Option 7 - Build a Custom Building 27 4.10 Option 8 - Relocate to Other Existing Building 28 4.11 Option 9 - Relocate to a non-Dublin Location 29 4.12 Option 10 - Combination of Options 30 5. -
Formação Histórica Da Real Property Law Inglesa: Tenures, Estates, Equity & Trusts (Dissertação De Mestrado )
TOMÁS OLCESE Formação histórica da real property law inglesa: tenures, estates, equity & trusts (Dissertação de Mestrado ) Orientador: Prof. Associado Bernardo Bissoto Queiroz de Moraes Universidade de São Paulo Faculdade de Direito São Paulo 2012 Índice geral 1. ASPECTOS PRELIMINARES E METODOLÓGICOS................................................. 5 2. OS COMPONENTES FEUDAIS NA FORMAÇÃO DA REAL PROPERTY LAW .... 12 2.1. OS WRITS E AS FORMS OF ACTION ................................................................................ 16 2.2. A ESTRUTURA DOS DIREITOS REAIS NA INGLATERRA : TENURES ................................ 25 2.2.1. Surgimento e características gerais ....................................................................... 25 2.2.2. A articulação das terras em função do regime de concessão feudal ..................... 35 2.2.3. O elemento material da concessão feudal: seisin .................................................. 42 2.2.4. As categorias baseadas na seisin e sua extensão temporal: estates of freehold .... 55 2.2.4.1. A concessão hereditária perpétua: o estate in fee simple ............................... 58 2.2.4.2. A concessão hereditária condicional inalienável: o estate in fee tail ............. 63 2.2.4.3. A concessão vitalícia: o life estate ................................................................. 76 2.3. HERANÇAS DO SISTEMA DAS TENURES NA REAL PROPERTY LAW INGLESA .................. 82 2.3.1. A concessão sem seisin : unfree tenure ............................................................. -
Uses of Uses
Missouri Law Review Volume 34 Issue 1 Winter 1969 Article 9 Winter 1969 Uses of Uses William F. Fratcher Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation William F. Fratcher, Uses of Uses, 34 MO. L. REV. (1969) Available at: https://scholarship.law.missouri.edu/mlr/vol34/iss1/9 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Fratcher: Fratcher: Uses of Uses USES OF USES* WILLIAM F. FRATCHER** Attempts have been made to trace the origin of the trust to the fideicomim'nssssm of Roman law,' the salman of medieval German law,2 and the Islamic wakf. It seems probable that ideas derived from all of these devices have influenced the development of the trust. What is certain is that the trust, and the power of appointment also, developed from a medieval English device for holding land known as the use 4 Professor Maitland found evidence of conveyances to bishops to the use of churches and monasteries as early as the first quarter of the ninth century and conveyances to private persons to the use of members of their families as early as the first quarter of the thirteenth,5 but the use device only became common after the Franciscan Friars reached England in 1224.