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Property Law and Real Estate

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1982

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Landlord's Remedies When The Tenant Abandons: Property, Contract, And Leases, Sarajane N. Love Jul 1982

Landlord's Remedies When The Tenant Abandons: Property, Contract, And Leases, Sarajane N. Love

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Because the current remedial scheme represents a blend of property and contract Law, an adequate assessment requires delving into the property framework that existed before its revamping by contract. In part II, therefore, the focus will be on the remedial options traditionally associated with property law.... Part III will examine the significant contract doctrines in this area of the law -- breach by anticipatory repudiation and the avoidable consequences rule. An important concern is whether the contract and property rules have been or can be melded together in an overall remedial scheme that is conceptually understandable and practically consistent in …


The Rule Against Perpetuities As Applied To Georgia Wills And Trusts: A Survey And Suggestions For Reform, Verner F. Chaffin Jan 1982

The Rule Against Perpetuities As Applied To Georgia Wills And Trusts: A Survey And Suggestions For Reform, Verner F. Chaffin

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The prevalent criticism seems to be that the Rule Against Perpetuities, as presently applied, does not further the best interests of society and therefore should be changed to make it work better. To determine how well the Rule is operating, a critical examination will be made of Georgia statutory law and decisions involving its application to class gifts, private trusts, charitable gifts, commercial transactions, powers of appointment, and to various types of future interests including reverters, rights of entry, and executory interests. This Article will also explore techniques for avoiding the lethal effect of the Rule through draftsmanship, judicial construction, …