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Articles 1 - 21 of 21
Full-Text Articles in Law
Definition Of Tenancy Contract In Islamic Fiqh And Arabic Man-Made Legislation-د. محمد علي عبد الرحمن وفا
UAEU Law Journal
The chosen definition for tenancy contract i n Islamic Fiqh is: "to pass a certain benefit into one's possession in ret urn for a certain consideration". We say 'to pass a benefit into one's possession" to show that tenancy is to pass benefits into one's possession, unlike selling which is to pass. Subject of selling in to the purchaser's possession. We also say: "a certain benefit” to show that the benefit, contracted upon in the tenancy contract must be provided with certain conditions. It should be legal, aimed at, well-k now n, easy to hand and owned by the landlord. …
Development And Distrust: A Critique Of The Orthodox Path To Economic Prosperity, W. Tyler Perry
Development And Distrust: A Critique Of The Orthodox Path To Economic Prosperity, W. Tyler Perry
Northwestern University Law Review
The dominant strain of law and development theory holds that strong property rights are a necessary condition for economic growth. Nonetheless, China has experienced thirty years of frenetic growth absent strong property rights. This Note explores this phenomenon through an analysis of a unique corporate form that has come to underlie most of the publicly traded Chinese Internet sector—the Variable Interest Entity (VIE). The VIE is, at its core, a series of contracts designed to mimic “true” ownership. As such, the VIE problematizes law and development theory in two primary ways. First, the contract-based ownership system does not provide the …
Liberty At The Borders Of Private Law, Donald J. Smythe
Liberty At The Borders Of Private Law, Donald J. Smythe
Akron Law Review
Liberty is both dependent upon and limited by the State. The State protects individuals from the coercion of others, but paradoxically, it must exercise coercion itself in doing so. Unfortunately, the reliance on the State to deter coercion raises the possibility that the State’s powers of coercion might be abused. There is, not surprisingly, therefore, a wide range of literature on the relationship between law and liberty, but most of it focuses on the relationship between public law and liberty. This Article focuses on the relationship between private law and liberty. Private laws are enforced by courts. Since the judiciary …
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Touro Law Review
No abstract provided.
Resolving The Double Liability Problem: A Critique Of California's Mechanics Lien Statute, Terrence Nguyen
Resolving The Double Liability Problem: A Critique Of California's Mechanics Lien Statute, Terrence Nguyen
University of Massachusetts Law Review
California’s mechanics lien statute allows a sub-contractor to file a lien on a homeowner’s property when a direct contractor, for whom the sub-contractor worked, has failed to pay the sub-contractor. The statute compels the homeowner to pay the sub-contractor even when the homeowner has paid the direct contractor in full. This Note argues that California’s mechanics lien statute is too broad, because the statute does not provide any exception for a homeowner who has paid the direct contractor in full. Specifically, this Note argues that California’s mechanics lien statute violates public policy, as well as constitutional, and contract principles. This …
Resolving Disputes Over Excess Frozen Embryos Through The Confines Of Property And Contract Law, Shelly R. Petralia
Resolving Disputes Over Excess Frozen Embryos Through The Confines Of Property And Contract Law, Shelly R. Petralia
Journal of Law and Health
This Article addresses the conflicts that arise due to the increased number of cryogenically frozen embryos produced during in vitro fertilization (IVF). Part I discusses the IVF process, in general. While it recognizes the man's role in the process, it focuses primarily on the physical and emotional hardships that are placed on the woman. Part I also gives the backdrop of the case law in the area of embryo distribution. Part II introduces the idea that an embryo should be reduced to private property, through utilization of the labor and economic theories of property law. Additionally, an embryo's use, rather …
Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt
Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt
Fordham Urban Law Journal
This Article begins by defining the parameters of the fifth amendment's taking clause. The Article then reviews the various tests used in determining whether governmental action constitutes a taking, and discusses the recent Supreme Court decisions within the framework of case law as it has evolved since the Court's 1922 landmark decision, Pennsylvania Coal Co. v. Mahon. Finally, the Article suggests a formula based on well-established contract principles for analyzing the impact of land use regulation on private property interests.
Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust
Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust
Seattle University Law Review
This Note demonstrates that the Washington Supreme Court correctly applied contract principles to the Hindquarter lease dispute. The Note first reviews the historical development of dependent covenants in both residential and commercial contexts. After setting out this important background information, the Note examines Hindquarter and the three factors that influenced the Washington Supreme Court in following the dependent covenants trend: (1) material inducements to execute the lease; (2) the intent of the parties; and (3) equity and policy considerations. The Note concludes that, even though the landlord prevailed in Hindquarter, commercial tenants stand to gain most from the supreme …
Property Law—Mortgages—Validity Of Due-On-Sale Clauses In Instruments Of Federally Chartered Savings And Loans Upheld, David G. Paul
Property Law—Mortgages—Validity Of Due-On-Sale Clauses In Instruments Of Federally Chartered Savings And Loans Upheld, David G. Paul
University of Arkansas at Little Rock Law Review
No abstract provided.
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Cleveland State Law Review
The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.
Property–Dower–Specific Performance Is Allowed, Charles Clifford Gibson Iii
Property–Dower–Specific Performance Is Allowed, Charles Clifford Gibson Iii
University of Arkansas at Little Rock Law Review
No abstract provided.
The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter
The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter
St. Mary's Law Journal
The present constitutional definition of married women’s separate property serves to protect the wife’s property rights and to preserve the community property system in Texas. However, the policy reasons for the constitutional definition no longer apply, since there is no present danger of the legislature reducing the property rights of married women or abandoning the community property system. Further, the needs and customs of the people of Texas have changed since the adoption of the original Texas Constitution in 1845. Today, it is estimated that thirty percent of couples who marry in the United States eventually divorce and sixty percent …
Contracts: A Real Estate Contract Made On Sunday Is Unenforceable, John M. Brumbaugh
Contracts: A Real Estate Contract Made On Sunday Is Unenforceable, John M. Brumbaugh
Maryland Law Review
No abstract provided.
Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly
Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Restitution -- 1964 Tennessee Survey, John W. Wade
Restitution -- 1964 Tennessee Survey, John W. Wade
Vanderbilt Law Review
The most significant case during the Survey period is Gulf Oil Corp.v. Forcum. The State of Tennessee condemned for highway purposes certain property including the location of a filling station. Defendant was lessee of this property and had installed its own tanks, pumps and other equipment. Plaintiff had the contract to construct the highway and was entitled under this contract to salvage condemned property. Refusing to allow defendant's agent to remove the service station equipment, plaintiff removed the equipment itself at considerable expense. When the condemnation proceeding was completed, defendant was awarded 2,000 dollars for the value of its leasehold, …
Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch
Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch
Vanderbilt Law Review
Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …
Revival Of Corporation Terminates Agent's Liability On Post Forfeiture Contract - Marsh Furniture Company V. Solomon, Stephen M. Ehudin
Revival Of Corporation Terminates Agent's Liability On Post Forfeiture Contract - Marsh Furniture Company V. Solomon, Stephen M. Ehudin
Maryland Law Review
No abstract provided.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.
Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.
Michigan Law Review
A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment …