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doctrine of privity [1 record]

Record 1 2012-12-03

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
  • Law of Contracts (common law)
OBS

The doctrine of privity, while a natural if not inevitable inference from a strict theory of contract, has clashed with the needs and concepts of the land law. A lease, for instance, is a contract, but it creates rights of property that cannot be kept within contractual bounds. If A lets land to B, the lease will contain mutual rights and duties to pay the rent, to keep the premises in repair and many other obligations. As between the parties themselves there is privity of contract; but if either transfers his interest to a stranger, convenience demands that he in his turn shall take the benefit and the burden of the original covenants. (Cheshire and Fifoot, 9th ed., 1976, p. 429).

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
  • Droit des contrats (common law)
OBS

doctrine de la connexité : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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