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DOCTRINE ESCROW [1 record]

Record 1 2012-12-03

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
CONT

The doctrine of "escrow" is a relic of medieval times. It dates from the time when conveyances were made by feoffment and livery of seisin. It has survived to the present day and often operates in regard to conveyances of land or the creation or disposition of estates and interests in land such as a term of years.... It does predicate a document which is executed and delivered. The accustomed formula is "signed, sealed and delivered". When that formula is used in the document and it is signed by the party (or in the case of a company its seal is affixed) and attested by a witness with intent by the maker that it should be binding on him, it is conclusively presumed to be "signed, sealed and delivered". If it is handed over to another unconditionally, it is delivered as a deed. If it is handed over to another conditionally, it is delivered as an escrow. It only becomes a deed when the conditions are fulfilled.... (Words and Phrases/England, v. 2, p. 173)

French

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

doctrine de la délivrance sous condition : 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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