1. Introduction to Property and Land

2019 ◽  
pp. 1-27
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
English Law ◽  
The Third Party ◽  
The Right ◽  
Ownership Rights

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.

1. The Scope of the Subject

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
The Subject ◽  
English Law ◽  
The Right ◽  
Ownership Rights

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.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

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.

Contracts for the Benefit of Third Parties: Hong Kong

2018 ◽  
Author(s):  
Lee Mason
Keyword(s):  
Hong Kong ◽  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
Strict Adherence ◽  
The Third ◽  
English Law ◽  
The Law ◽  
The Third Party ◽  
Contractual Rights

This chapter analyses the law on third party beneficiaries in Hong Kong long characterized by strict adherence to the traditional common law doctrine of privity. The law relating to third party rights was only reformed by way of Ordinance in 2016, along the lines of the statutory reform of English law in 1999. A small number of specifically enumerated types of contract are excluded from the scope of the Ordinance; other contracts may be concluded to confer enforceable contractual rights on third parties. Whether a third party may enforce a term of a contract depends on the interpretation of the contract: if the third party right was not expressly conferred there is a presumption that the conferral was intended; but this can be rebutted if the parties made it clear that they did not intend it to be enforceable. The third party must be identified by name, as a member of a class, or answering a particular description and may claim the same remedies for breach as a party to the contract.

LEGAL STATUS OF THIRD PARTIES TO A CONTRACT IN ENGLISH LAW

2016 ◽  
Vol 4 (1) ◽  
pp. 47-53
Author(s):  
Алексей Чурилов ◽  
Aleksei Churilov
Keyword(s):  
Special Interest ◽  
Legal Status ◽  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
English Law ◽  
The Third Party

This article covers basics of the legal status of third parties in English common law, in particular, from the established in 1861 socalled privity rule viewpoint. The author explains some of developed by court exceptions, which established a possibility to enforce contract by a third party, and a possibility to recover damages by the third party. Contracts (Rights of Third Parties) Act 1999 is of special interest.

scholarly journals TANGGUNG JAWAB NEGARA TERHADAP ANAK JALANAN PADA BIDANG PENDIDIKAN

2017 ◽  
Vol 10 (1) ◽  
pp. 68-88
Author(s):  
Andi Muhammad Sofyan ◽  
Andi Tenripadang
Keyword(s):  
Municipal Government ◽  
Provincial Government ◽  
City Government ◽  
Third Party ◽  
Right To Education ◽  
The Third ◽  
Government District ◽  
The Third Party ◽  
The Government ◽  
The Right

The responsibility of protecting the right to education of street children that the responsibility of the government, the provincial government, the district/ city government, and the obligations of parents of guardians, parents, families, and communities and countries. The management of education shall be the responsibility of the government and shall be responsible for any loss incurred on the fautes personalles (ie the loss to the third party charged to the officer, the fautes the services of the third party) shall be borne by the agency and the responsibility of the facility. The responsibility for the protection of street children's right to education should be given responsibility to the state through the government, provincial government, district/ municipal government by involving the community and the institution whose management is regulated and adapted to the ideals of the country and the conditions of each community in the region

Ch.5 Content, third party rights and conditions, s.2: Third party rights, Art.5.2.3

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Burden Of Proof ◽  
Third Party ◽  
The Third ◽  
The Third Party ◽  
The Right

This commentary focuses on Article 5.2.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning a contract's exclusion and limitation clauses. According to Art 5.2.3, the conferment of rights in the beneficiary includes the right to invoke a clause in the contract which excludes or limits the liability of the beneficiary. There has to be express agreement of the parties to give the benefit of an exclusion or limitation clause to the beneficiary. This would be the case in the ordinary ‘Himalaya clause’, contained in bills of lading. The burden of proof is on the third party that invokes the clause excluding or limiting liability.

Ch.5 Content, third party rights and conditions, s.2: Third party rights, Introduction to Section 5.2 of the PICC

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Basic Rule ◽  
Conflict Of Interests ◽  
The Third ◽  
The Creation ◽  
The Third Party ◽  
Triangular Relationship ◽  
The Right ◽  
Default Rules

Section 5.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with contracts in favour of third parties. It covers the creation of a third party right by way of contract and includes the basic rule that provides for the validity and enforceability of contracts in favour of third parties and states the requirements for bringing a third party right into existence. It also defines the rights and duties of the parties in the triangular relationship arising from a contract in favour of a third party. These provisions provide default rules for the conflict of interests typically arising between the three parties involved. Section 5.2 also discusses the defences of the promisor, the extent of the original parties' power to modify or revoke the third party's right, and the right of the third party to renounce the benefit conferred upon it.

Contracts for the Benefit of Third Parties: The Singapore Law Perspectives

2018 ◽  
Author(s):  
ONG Burton
Keyword(s):  
Common Law ◽  
Contract Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Status ◽  
The Common ◽  
English Law ◽  
The Third Party ◽  
Privity Of Contract

Singapore’s contract law framework, in the context of third party beneficiaries, has stayed faithful to the approach taken under English law. The common law in Singapore has adopted the privity of contract rule, various common law exceptions to the rule, and a statutory regime to empower third parties to enforce contractual terms in prescribed circumstances. The privity rule confines the benefits and burdens under a contract to the contract parties; only they have given consideration and only they can sue and be sued under it. However, various reasons support the third party beneficiary having some right to enforce that benefit and a range of common law mechanisms have been recognized by the courts to allow the third party to do this. Some are true exceptions, others operate by recharacterizing the status of the third party into that of a primary party, thereby eliminating the lack of privity. In cases where the third party may potentially be able to sue the promisor in tort, the basis for loosening the privity doctrine to permit the third party to sue the promisor in contract, and the character of the damages recoverable from the party in breach, requires closer scrutiny.

Forum Non-Conveniens Discretion in Third Party Proceedings

2002 ◽  
Vol 51 (1) ◽  
pp. 127-134 ◽  
Author(s):  
Koji Takahashi
Keyword(s):  
Civil Liability ◽  
Civil Procedure ◽  
Third Party ◽  
Legal Systems ◽  
The Third ◽  
Forum Non Conveniens ◽  
English Law ◽  
The Third Party

Third party procedure has the merits of saving time and expenses and of preventing inconsistent decisions through eliminating the duplication of proceedings. Because of these procedural merits, third party proceedings (called ‘Part 20 proceedings’1 in the Civil Procedure Rules 1998 (CPR)) are often instituted to bring a claim for contribution. In English law, contribution claims are allowed under the Civil Liability (Contribution) Act 1978 (hereafter the 1978 Act) between wrongdoers such as tortfeasors and defaulters in contracts. Not all legal systems allow contribution claims in such wide circumstances. A third party claim form (called a ‘Part 20 claim form’ in the CPR) may be served out of the jurisdiction under the CPR Rule 6.20(3 A),2 which provides for a special base of jurisdiction for third party proceedings in the case where the third party is a ‘necessary or proper party’ to the claim against the Part 20 claimant. The service is, however, subject to the permission of the court which will not be given unless England is judged to be clearly the most appropriate forum under the forum conveniens discretion.

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