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DOCTRINE EMBLAVURES [1 record]

Record 1 2012-12-03

English

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

The common law rule that a tenant at the end of his tenancy had no claim against his landlord for any improvements or crops left on the land had an early exception in the doctrine of emblements, an exception which was well established by the reign of Edward IV. The word "emblements" means a right given by law in certain cases to the tenant of an estate of uncertain duration which has unexpectedly determined, without any fault of such tenant, to take the crops growing upon the land when his estate determines, although the estate itself has ceased. It is derived from the French "emblavence de bled" (corn sprung or put above ground), and strictly signifies the growing crops of sown land; but the doctrine of emblements extends not only to corn sown, but to roots planted and potatoes, and other annual artificial products. The growing crops of those vegetable productions of the soil which are annually produced by the labour of the cultivator are emblements. (Woodfall's, 28th ed., 1978, p. 2044)

French

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

doctrine des emblavures : 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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