scholarly journals The Oregon Donation Act of 1850 and Nineteenth Century Federal Married Women's Property Law

1984 ◽  
Vol 2 (1) ◽  
pp. 44-78
Author(s):  
Richard H. Chused
Keyword(s):  
Nineteenth Century ◽  
Public Service ◽  
Common Law ◽  
Property Law ◽  
Real Property ◽  
Personal Property ◽  
Family Economy ◽  
The Family ◽  
Education Of Women ◽  
Service Groups

Almost every state and territory adopted a married women's property act between 1835 and 1850. These acts generally exempted married women's property from attachment by creditors of their husbands, effecting a slight change in the battery of common-law coverture rules that gave husbands management of their wives' real property and ownership of their personal property. Alterations in the roles of women in the family, increases in education of women and growth in the importance of women's public service groups provided an environment sympathetic to initial reforms in married women's property law. In addition, economic panics and depressions affected the family economy, providing an incentive for adoption of rules exempting married women's property from the claims of their husbands' creditors.

property is form of property means that what you have learnt abut property law will be of some use in this area too. Property can be divided into several different categories. There is tangible property and there is intangible: there is real property (land) and there is personal property: and there are choses in possession and choses in action. Intellectual property is a species of chose in action. It is recoverable by the owner by action. It can be owned but not possessed. However, it can be stolen: the definition of property in the Theft Act 1968 is broad enough to embrace intellectual property, though the sort of act that amounts to an infringement lacks the actus reus of theft. In fact, patents are not strictly speaking choses in action. Section 30(1) and Schedule 2 of the Patents Act 1977 reverse the common law position (see Re Heath’s Patent (1912) 56 Sol Jo 538 and Edwards and Co v Picard [1909] 2 KB 903, 905 (CA), per Vaughan Williams LJ and, on future patent rights, see Printing and Numerical Registering Co v Sampson (1875) LR 19 Eq 462) and declare that patents are not choses in action. Sir Raymond Evershed, the then Master of the Rolls, stated in 1952: ‘An English patent is a species of English property of the nature of a chose in action and peculiar in character’, British Nylon Spinners Ltd v ICI Ltd [1953] Ch 19, 26 [1952] 2 All ER 780, 783, CA, cited in the substantive hearing of the same case [1955] Ch 37, 51, [1954] 3 All ER 88, 91. See also Beecham Group plc v Gist-Brocades NV [1986] 1 WLR 51, 59, HL, per Lord Diplock. Copyright has also been expressly stated by the courts to be a chose in action. See Chaplin v Leslie Frewin (Publishers) Ltd [1966] Ch 71, [1965] 3 All ER 764, CA; Patterson Zochonis and Co Ltd v Mefarkin Packaging Ltd [1986] 3 All ER 522 (CA); Cambell Connolly & Co Ltd v Noble [1963] 1 All ER 237, [1963] 1 WLR 252. And as a leading text of its era said:

1997 ◽  
pp. 57-57
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Property Law ◽  
Real Property ◽  
Personal Property ◽  
Patent Rights ◽  
Actus Reus ◽  
The Common ◽  
Definition Of ◽  
Vaughan Williams

The Heiress-at-Law: English Real Property Law from a New Point of View

1990 ◽  
Vol 8 (2) ◽  
pp. 273-296 ◽  
Author(s):  
Eileen Spring
Keyword(s):  
Thirteenth Century ◽  
Common Law ◽  
Point Of View ◽  
Property Law ◽  
Main Subject ◽  
Real Property ◽  
Long Run ◽  
The Family ◽  
The Common

By the common law rules of inheritance women in English landed society fell into two classes. Some were altogether excluded from inheriting; others were entitled to succeed to the family estate. The woman thus entitled, the heiress-at-law, is clearly a figure due historical attention. Yet she has never been singled out for long-term consideration. Where she has been the main subject, discussion has always been chronologically limited, and her history has not been carried any distance through the course of legal changes that are relevant to it. Usually she has been discussed as but part of the family, and attention has been focussed largely on eldest sons and their relations with younger children, with younger sons or with daughters not heiresses, as the case may be. To focus on the heiress and to follow her history over the long run, from the thirteenth century to the eighteenth, is the purpose of this article.

Mandatory Family Protection in the Common Law Tradition

2020 ◽  
pp. 707-739
Author(s):  
Kenneth G C Reid
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Early Modern Period ◽  
The United States ◽  
Judicial Discretion ◽  
Real Property ◽  
Personal Property ◽  
The Common ◽  
The Republic ◽  
Close Family

In medieval English law, widows were entitled to dower and widowers to curtesy, both being life interests in the deceased’s real property. In addition, the personal property of the deceased was divided according to a tripartite system, with surviving spouse and children being entitled to one-third each and only the final third being available for disposal by will. The tripartite system was abandoned in the early modern period though it survives still in Scotland. But dower and curtesy remained and were exported to the British Empire. In the United States they had a rich future, developing into the fixed ‘elective share’ of the deceased’s estate which is available, in many states, for the surviving spouse. Elsewhere, dower and curtesy faded away during the nineteenth century giving rise to almost complete freedom of testation. This freedom was, however, short-lived. In 1900, New Zealand, having considered but rejected the tripartite system of fixed shares still used in Scotland, introduced a discretionary ‘family provision’ by which courts could make awards to close family members. The New Zealand model was soon copied throughout Australia, in the common law provinces of Canada, and, in 1938, in England and Wales itself. The chapter considers the reasons for the abandonment of freedom of testation, and examines the debate in New Zealand, England, and the Republic of Ireland as to whether family protection was best achieved by a system of fixed shares, as in Scotland, or by a system involving judicial discretion.

Married Women's Property Law in Nineteenth-Century Canada

1988 ◽  
Vol 6 (2) ◽  
pp. 211-257 ◽  
Author(s):  
Constance B. Backhouse
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
High Rate ◽  
Property Law

English common-law rules that transferred the property of women to their husbands upon marriage were part of the larger package of laws emigrants from England brought to Canada. These harsh rules left Canadian women in a most unenviable position—the equitable precedents that had evolved in England to prevent the most glaring instances of abuse had less impact in Canada where courts of equity developed slowly and sporadically, and many individuals had no practical access to their jurisdiction. The need for reform of married women's property law was made even more pressing because of an apparently high rate of wife abandonment, which left women without the benefit of matrimonial support, yet still subject to the disabilities of coverture.

scholarly journals Transplantation and Mutation in Anglo-American Trust Law

2009 ◽  
Vol 10 (2) ◽  
Author(s):  
Joshua Getzler
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Property Law ◽  
Early Nineteenth Century ◽  
Simple Process ◽  
The Core ◽  
Property System ◽  
Hand Control ◽  
Anglo American ◽  
Trust Law

In the early nineteenth century, authoritative treatise writers such as James Kent and Joseph Story represented Anglo-American trust law as a seamless web. But the transplantation of trust law from England to America was not a simple process of adherence. Rather, American courts and legislatures came to discard fundamental English trust doctrines. Restraints on anticipation and on alienation were embraced, and in key state jurisdictions bare trusts were abolished, or else displaced from the core of trust law. Irreducible settlor power over beneficiaries and the strong protection of beneficiaries from creditors under spendthrift trusts were two strikingly original American creations, which flowed from these basic doctrinal choices. The changes made to American trust doctrine yield a paradox for the legal, social and economic historian, namely that republican America ended up with a more dynastic property law, more wedded to dead hand control and more hostile to commercial creditors, than did aristocratic England with its unreformed system of common law and equity rooted in the feudal property system. The American abandonment of free alienability of beneficial interests and the corresponding reduction of the beneficiary’s powers over trust assets may have been rooted in the volatility of credit in America and the desire of the wealthy to escape from the pressures of the market, though disparities between jurisdictions remain to be explained.

scholarly journals Women and Inheritance in Nineteenth-Century Newfoundland

2006 ◽  
Vol 13 (1) ◽  
pp. 1-22
Author(s):  
Trudi Johnson
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Strict Adherence ◽  
Property System ◽  
Disadvantaged Women ◽  
The Family ◽  
Male Line ◽  
Land Inheritance

Abstract This paper tests the idea that concepts of property in English common law favoured male heirs in the primogeniture system of land inheritance and disadvantaged women upon marriage. A case study of wills in nineteenth-century Newfoundland demonstrates that instead of strict adherence to centuries of common-law tradition, both men and women in Newfoundland were more concerned with the support and maintenance of the family under the unique conditions of the Newfoundland economy. The male line of descent was subordinated to the immediate and long-term needs of the family through more egalitarian inheritance practices. These practices in tum sustained a mat rimonial property system that well pre-dated legislation to protect married women's property.

scholarly journals DIREITO REAL DE HABITAÇÃO: CONFLITO ENTRE O DIREITO REAL DE HABITAÇÃO E O DIREITO À HERANÇA, E A POSSÍVEL MITIGAÇÃO NO CASO CONCRETO POR MEIO DO JUÍZO DE PONDERAÇÃO

2021 ◽  
Vol 9 (205) ◽  
pp. 1-22
Author(s):  
Gabriela Duarte Pinto
Keyword(s):  
Civil Code ◽  
Fundamental Rights ◽  
Property Law ◽  
Real Property ◽  
The Real ◽  
Community Property ◽  
The Family ◽  
Property B ◽  
The Right ◽  
Status Of Women

The real property law is a legal institution of civil law, introduced in the Civil Code of 1916 by Status of Women Married - Law nº 4.121 / 1962, which required numerous requirements for its grant and maintenance, namely, (a) were married under the regime of community property; (b) during his lifetime; (c) and remained widow; (d) subject to the inheritance share, the property should be for the family residence and, finally, (e) were the only asset of this nature to inventory. With the advent of the Civil Code of 2002, however, it was extended to all property regime, removed the final term and with the Domestic Partnership Act, It was no longer needed that it was the only good of that nature to inventory. It was questioned the extent of its application in this case and the need for consideration to not fade the right to inheritance. Analyzed the rights involved, Right to inheritance, Property Rights, Right to living and the Real Property Law. It was concluded that the interpreter of the Law must, before the case, carry out the judgment of balancing the conflicting fundamental Rights so that there is maximum preservation of conflicting values, and hence the greatest achievement of constitutional values.

Blackstone’s “Last Tear”

2019 ◽  
pp. 60-88
Author(s):  
Kathryn D. Temple
Keyword(s):  
Human Body ◽  
Common Law ◽  
Historical Record ◽  
Property Law ◽  
Real Property ◽  
Law System ◽  
Multiple Generations ◽  
The Past ◽  
System P ◽  
Common Law System

This chapter focuses on loss to develop a reading of Blackstone's melancholic treatment of the gaps in the English legal historical record as an extended elegy in the graveyard poets’ tradition. In his analysis of real property, Blackstone reifies traditions that reinforce lineage and the retention of estates across multiple generations. His preservation of remnants of Saxon property law stands in for the preservation of property as a concept and as a memorial to the lost bodies of the past; that property would forever be attached to a genetic heritage would seem an attempt to thwart not only the mortality of the human body, but the mortality of the English common law system.

2. Basic concepts of personal property

2020 ◽  
pp. 50-85
Author(s):  
D Fox ◽  
RJC Munday ◽  
B Soyer ◽  
AM Tettenborn ◽  
PG Turner
Keyword(s):  
Property Rights ◽  
Property Law ◽  
Real Property ◽  
Detailed Consideration ◽  
Personal Property ◽  
Basic Concepts

This chapter explores some basic concepts of personal property and personal property law. It first explains the distinction between personal and real property before discussing the nature of personal property and analysing the characteristics and significance of property rights. There is then detailed consideration of ownership and possession of chattels, the acquisition and transfer of legal and equitable ownership, and attornment. This is followed by an account of the acquisition and transfer of legal and equitable ownership in choses in action and intangibles. The chapter concludes with an examination of the remedies for recovery of, and interference with, personal property and remedies available for protection of equitable property, including claims to trust assets and claims for breach of trust.

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