Explains why restraints on alienation of property matter and how they work in practice. This concise survey examines how economic and legal limits on transfers affect life estates, trusts, and expected income streams. It clarifies the balance between protecting dependents and preserving creditors’ rights, using historical and modern authorities to show real-world outcomes.
From the basics of life estates and fees to the reach of spendthrift provisions, the book lays out the governing principles and the practical consequences for trustees, settlors, and beneficiaries. It also traces how courts and legislatures have treated gifts, settlements, and the rights of creditors across jurisdictions, with careful attention to the rule against remoteness and the policy goals behind these restraints.
Ideal for readers of legal history and property law who want a clear, structured overview of when and why restraints on alienation are allowed or rejected.
Les informations fournies dans la section « Synopsis » peuvent faire référence à une autre édition de ce titre.
In 1876 I shared the surprise, common to many lawyers, at the opinion of the Supreme Court of the United States in the case of Nichols v. Eaton. So I wrote in the Preface to the first edition. Surprise was an inadequate word. The people of the United States have many virtues, but all nations have their failings, and there are passages in the history of every country which it is painful for its citizens to contemplate. In our own history, political and social, the pages from which we most gladly avert our eyes are those which record our shortcomings in the matter of commercial honesty. More than once have we been saved from national repudiation by the integrity and courage of some one man; to save from State repudiation the one righteous man has at times been wanting; and more rehabilitated cheats have lived tolerated, if not honored, in our cities than it is pleasant to think of. If there is one sentiment, therefore, which it would seem to be the part of all in authority, and particularly of all judges, to fortify, it is the duty of keeping ones promises and paying ones debts. Nor could it be said that the highest tribunal in the country had been wanting in this matter.
(Typographical errors above are due to OCR software and don't occur in the book.)
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Forgotten Books is a publisher of historical writings, such as: Philosophy, Classics, Science, Religion, History, Folklore and Mythology.
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Originally published in 1895. This volume from the Cornell University Library's print collections was scanned on an APT BookScan and converted to JPG 2000 format by Kirtas Technologies. All titles scanned cover to cover and pages may include marks notations and other marginalia present in the original volume.
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Vendeur : Forgotten Books, London, Royaume-Uni
Paperback. Etat : New. Print on Demand. This insightful book is a comprehensive exploration of society's evolving and often conflicted relationship with restrictions on the transfer of property. Spanning legal systems and historical eras, the author examines the motivations behind these restraints and the legal frameworks developed to mediate them. Through detailed analysis of case law and statutes, the book traces the development of the law from its medieval roots through its transformation during the Enlightenment to the present day. The author's rigorous examination of the legal and policy considerations that have shaped restrictions on alienation illuminate the complex interplay between individual rights, social norms, and economic forces. The book ultimately reveals the fundamental tension between the desire to control property and the imperative of maintaining a vibrant and equitable society. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. N° de réf. du vendeur 9781332819720_0
Quantité disponible : Plus de 20 disponibles
Vendeur : PBShop.store US, Wood Dale, IL, Etats-Unis
PAP. Etat : New. New Book. Shipped from UK. Established seller since 2000. N° de réf. du vendeur LW-9781332819720
Quantité disponible : 15 disponible(s)
Vendeur : PBShop.store UK, Fairford, GLOS, Royaume-Uni
PAP. Etat : New. New Book. Shipped from UK. Established seller since 2000. N° de réf. du vendeur LW-9781332819720
Quantité disponible : 15 disponible(s)