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Statute Of Frauds
The Statute of Frauds (29 Car 2 c 3) (1677) was an Act of the Parliament of England. It required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and subornation of perjury. It also required that documents of the courts be signed and dated. The attested date for the enactment of the Statute of Frauds is 16 April 1677 ( New Style). The Act is believed to have been primarily drafted by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins. When the Statute of Frauds was originally enacted, its sections and the clauses within section 4 were not numbered. Numbers where added when the Act was republished in the '' Statutes at Large''. ''The Statute at Large'', Cambridge Edition published in 1770 divided the Act into 25 sections. The section on the sale of goods was section 17. In '' The Statutes of the Rea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usuall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutes At Large
''Statutes at Large'' is the name given to published collections or series of legislative Acts in a number of jurisdictions. The expression "statutes at large" was first used in the edition of Barker published in 1587. England and Great Britain * ''The Statutes at Large'': ** Edition by Owen Ruffhead, from " Magna Charta" down to the Acts of 4 Geo. 3: 9 volumes, London."Printed for Mark Basket, Printer to the King's Most Excellent Majesty, and by the Assigns of Robert Basket; And by Henry Woodfall and William Strahan, Law Printers to the King's Most Excellent Majesty", 1763–1765. ** Continuation of Ruffhead's edition, down to the Acts of 25 Geo. 3: 5 volumes, London.(Vols. 10–13) "Printed for Charles Eyre and William Strahan, Printers to the King's Most Excellent Majesty; And by W. Strahan and M. Woodfall, Law Printers to the King's Most Excellent Majesty", 1771–1780.(Vol. 14) "Printed by Charles Eyre and the Executors of William Strahan, Printers to the Ki ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executor
An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used. Overview An executor is a legal term referring to a person named by the maker of a will or nominated by the testator to carry out the instructions of the will. Typically, the executor is the person responsible for offering the will for probate, although it is not required that they fulfill this. The executor's duties also include disbursing property to the beneficiaries as designated in the will, obtaining information of potential heirs, collecting and arranging for payment of debts of the estate and approving or disapproving creditors' claims. An executor will make sure estate taxes are calculated, necessary forms are filed, and . They will also assist the attorney with the estate. Additionally, the executor acts as a legal conveyor who designates where the donations will be sent using the information left in ''be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act. Overview Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage. Most large legislatures enact only a small fraction of the bills proposed in a given session. Whether a given bill will be proposed is generally a matt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The National Archives (United Kingdom)
The National Archives (TNA, cy, Yr Archifau Cenedlaethol) is a non-ministerial government department, non-ministerial department of the Government of the United Kingdom. Its parent department is the Department for Digital, Culture, Media and Sport of the United Kingdom of Great Britain and Northern Ireland. It is the official archive of the UK Government and for England and Wales; and "guardian of some of the nation's most iconic documents, dating back more than 1,000 years." There are separate national archives for Scotland (the National Records of Scotland) and Northern Ireland (the Public Record Office of Northern Ireland). TNA was formerly four separate organisations: the Public Record Office (PRO), the Royal Commission on Historical Manuscripts, Historical Manuscripts Commission, the Office of Public Sector Information (OPSI) and Office of Public Sector Information, His Majesty's Stationery Office (HMSO). The Public Record Office still exists as a legal entity, as the enabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Property Act 1925
The Law of Property Act 1925c 20 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property. The Act deals principally with the transfer of freehold or leasehold land by deed. The LPA 1925, as amended, provides the core of English land law, particularly as regards many aspects of freehold land which is itself an important consideration in all other types of interest in land. Background The keynote policy of the act was to reduce the number of legal estates to two – freehold and leasehold – and generally to make the transfer of interests in land easier for purchasers. Other policies were to regulate mortgages and as to leases, to regulate mainly their assignment, and to tackle some of the '' lacunae'', ambiguities and shortcomings in the law of property. Innovations included the defa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trust
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). Definition Constructive trusts are imposed by operation of law. They are also referred to as implied trusts. They are not subject to formality requirements. Unlike a resulting trust, which also arises by operation of law, a constructive trust does not give effect to the imputed/presumed intention of the parties. Instead, constructive trusts are largely said to be triggered by unconscionability. This is the idea that a defendant would be unjustly enriched if they were allowed to keep property for themsel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resulting Trust
A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to have held the property for benefit of another person. The trust property is said to "result" or jump back to the transferor (implied settlor). In this instance, the word 'result' means "in the result, remains with", or something similar to "revert" except that in the result the beneficial interest is held on trust for the settlor. Not all trusts whose beneficiary is also the settlor can be called resulting trusts. In common law systems, the resulting trust refers to a subset of trusts which have such outcome; express trusts which stipulate that the settlor is to be the beneficiary are not normally considered resulting trusts. Another understanding of resulting trusts could be an equitable instrument used to rectify and reverse unjust enrichment. The beneficial interest results in the settlor, or if the settlo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Operation Of Law
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies without a will, their heirs are determined by operation of law. Similarly, if a person marries or has a child after their will has been written, the law writes this pretermitted spouse or pretermitted heir into the will if no provision for this situation was specifically included. Adverse possession, in which title to land passes because non-owners have occupied it for a certain period of time, is another important right that vests by operation of law.See ''West's Encyclopedia of America Law, edition 2'' (The Gale Group, Inc., 2008); John Bouvier, ''A Law Dictionary, Adapted to the Constitution and Laws of the United States'' (1856). Events that occur by operation of law do so because courts have determined over time that the rights thus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deed
In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin. The traditional phrase ''signed, sealed and delivered'' refers to the practice of seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or ''specialty''; in the United States, a specialty is enf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leasehold Estate
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given length of time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Livery Of Seisin
Livery of seisin () is an archaic legal conveyancing ceremony, formerly practised in feudal England and in other countries following English common law, used to convey holdings in property. The term ''livery'' is closely related to if not synonymous with ''delivery'' used in some jurisdictions in contract law or the related law of deeds. The oldest forms of common law provided that a valid conveyance of a feudal tenure in land required physical transfer by the transferor to the transferee in the presence of witnesses of a piece of the ground itself, in the literal sense of a hand-to-hand passing of an amount of soil, a twig, key to a building on that land, or other token. Varieties Livery of seisin could refer to either: * ''Livery in deed'', whereby the parties met together on the land and the transferor symbolically delivered possession of the land by handing over a twig or a clump of earth to the recipient. * ''Livery in law'', whereby the parties went within sight of the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
