1. The Scope of the Subject

Author(s):  
Mark P. Thompson ◽  
Martin George

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

Author(s):  
Martin George ◽  
Antonia Layard

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.


Author(s):  
Stannard John E ◽  
Capper David

The aims of this book are to set out in detail the rules governing termination as a remedy for breach of contract in English law, to distil the very complex body of law on the subject to a clear set of principles, and to apply the law in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. The third section addresses the question when the right to terminate for breach arises. And the fourth and final section considers the consequences of the promisee's election whether to terminate or not. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.


Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.


Author(s):  
Chen Lei

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.


Author(s):  
Ly Tayseng

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.


2014 ◽  
Vol 8 (1) ◽  
pp. 59-101 ◽  
Author(s):  
Daphna Hacker

Abstract This article suggests enacting an accession tax instead of the estate duty – which was repealed in Israel in 1981. This suggestion evolves from historical and normative explorations of the tension between perceptions of familial intergenerational property rights and justifications for the “death tax,” as termed by its opponents, i.e., estate and inheritance tax. First, the Article explores this tension as expressed in the history of the Israeli Estate Duty Law. This chronological survey reveals a move from the State’s taken-for-granted interest in revenue justifying the Law’s enactment in 1949; moving on to the “needy widow” and “poor orphan” in whose name the tax was attacked during the years 1959–1964, continuing to the abolition of the tax in 1981 in the name of efficiency and the right of the testator to transfer his wealth to his family, and finally cumulating with the targeting of tycoon dynasties that characterizes the recent calls for reintroducing the tax. Next, based on the rich literature on the subject, the Article maps the arguments for and against intergenerational wealth transfer taxation, placing the Israeli case in larger philosophical, political, and pragmatic contexts. Lastly, it associates the ideas of accession tax and “social inheritance” with inspirational sources for rethinking a realistic wealth transfer taxation to bridge the gap between notions of intergenerational familial rights and intergenerational social justice.


Author(s):  
Stephen Gardbaum

This chapter describes the structural elements or components of a free speech right. The nature and extent of a free speech right depends upon a number of legal components. The first is the legal source of the right (in common law, statute, or a constitution) and the force of the right having regard to how it is enforced, and whether and how it can be superseded. The second component is the ‘subject’ of free speech rights, or who are the rights-holders: citizens, natural or legal persons. The third is the ‘scope’ of a free speech right, while the fourth is the kind of obligation it imposes on others: a negative prohibition or a positive obligation. The fifth component is the ‘object’ of a free speech right: who is bound to respect a right of freedom of expression and against whom the right may be asserted. Finally, there is the ‘limitation’ of a free speech right.


2021 ◽  
pp. 307-358
Author(s):  
Robert Merkin ◽  
Séverine Saintier

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines privity of contract, its relationship with consideration, and the ability of third parties to enforce contractual provisions for their benefit. The doctrine of privity of contract provides that the benefits of a contract can be enjoyed only by the parties to that contract and only parties can suffer the burdens of the contract. At common law, third party beneficiaries could not enforce a contractual provision in their favour so various devices were employed seeking to avoid privity. Statute now allows for direct third party enforcement but in limited circumstances. This chapter examines the background to privity and the attempted statutory reform in the Contracts (Rights of Third Parties) Act 1999 as it has been interpreted in the case law. The chapter also discusses the common law means of avoiding privity as illustrated by the case law, e.g. agency, collateral contracts, and trusts of contractual obligations. Finally, it assesses the remedies available to the contracting party to recover on behalf of the third party beneficiary of the promise, including the narrow and broad grounds in Linden Gardens Trust. It concludes by briefly considering privity and burdens—and the exceptional situations where a burden can be imposed on a person who is not a party to the contract.


polemica ◽  
2018 ◽  
Vol 18 (2) ◽  
pp. 054-071
Author(s):  
Thamiris Marques ◽  
Álvaro Rafael Santana Peixoto ◽  
Rafael Pecly Wolter

Resumo: Este artigo propõe uma discussão acerca dos posicionamentos relativos às cotas. Foi realizada uma revisão de literatura com a finalidade de levantar argumentos favoráveis e contrários às cotas, oriundos de estudos de quatro áreas das Ciências Humanas (psicologia social, antropologia, sociologia e educação) realizados no Brasil a partir dos anos 2000 com enfoque no posicionamento de estudantes universitários. Constatou-se que os argumentos desfavoráveis ao sistema de reserva de vagas estão calcados, principalmente, em problemas decorrentes da vigência da medida, enquanto nos argumentos favoráveis encontram-se a eficácia das cotas e sua finalidade de reparo histórico-social. Foram levantadas possíveis causas que levam grupos de pessoas a se posicionar em relação às cotas: a primeira causa está relacionada com as experiências individuais prévias, que ocorrem quando o fato de conviver ou presenciar discriminação em relação a minorias marca os indivíduos e faz com que possuam posicionamento favorável ou contrário acerca do tema; a segunda causa corresponde ao direito ao benefício, já que o fato do sujeito poder ou não se beneficiar das cotas traria uma influência no posicionamento que tem da medida. A terceira causa seria a proximidade com os cotistas, que corresponde à aproximação do sujeito com pessoas do círculo pessoal que são cotistas; a quarta causa seria a homologia estrutural, de modo que a posição que se ocupa na estrutura da sociedade influencia diretamente no julgamento de objetos e suas relações com indivíduos de outra posição na estrutura. A quinta causa é a Ideologia, onde representações ideologicamente marcadas (acerca da justiça, igualdade, mérito) influenciariam no posicionamento acerca das cotas. Portanto, os posicionamentos não ocorrem apenas de forma individual e se sustentariam também a partir de causas psicossociais.Palavras-chave: Cotas. Atitude. Pensamento social. Universitários.Abstract: This article proposes a discussion about the positions about quotas. A review of the literature was realized with the purpose of raising arguments favorable and against quotas, from studies in four areas of the Human Sciences (social psychology, anthropology, sociology and education) published in Brazil from the 2000s with a focus on the positioning of college students. are mainly based on problems arising from the difficulty of allocating quotas, while the favorable arguments are the effectiveness of quotas and their purpose of historical and social repair. Possible causes that lead groups of people to position themselves in relation to quotas have been verified: the first cause is related to the previous individual experiences, which occur when the fact of living or witnessing discrimination in relation to minorities marks the individuals and makes them be favorable or against the subject; the second cause corresponds to the right to the benefit, since the fact that the subject may or may not benefit from quotas would have an influence on the position of the measure. The third cause would be proximity to the quota students, which corresponds to the approximation of the subject with people in the personal circle who are quota students; the fourth cause would be structural homology, so that the position that a group occupies in the structure of society directly influences the judgment of objects and their relations with individuals of another position in the structure. The fifth cause is Ideology, where ideologically marked representations (about justice, equality, merit) would influence the positioning of dimensions. Therefore, the positioning does not only occur individually and would also be sustained from psychosocial causes.Keywords: Quotas. Attitude. Social thought. College students


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