part-performance doctrine. The equitable principle by which a failure to comply with the statute of frauds is overcome by a party’s execution, in reliance on an opposing party’s oral promise, of an oral contract’s requirements. — Sometimes shortened to part performance. See part performance under PERFORMANCE. [Cases: Frauds, Statute of 129.] “Part performance is not […]
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A property interest in which the privilege of possession or of other enjoyment is future and not present. • A future interest can exist in either the grantor (as with a reversion) or the grantee (as with a remainder or executory interest). Today, most future interests are equitable interests in stocks and debt securities, with
specific performance. The rendering, as nearly as practicable, of a promised performance through a judgment or decree; specif., a court-ordered remedy that requires precise fulfillment of a legal or contractual obligation when monetary damages are inappropriate or inadequate, as when the sale of real estate or a rare article is involved. • Specific performance is
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notice doctrine. The equitable doctrine that when a new owner takes an estate with notice that someone else had a claim on it at the time of the transfer, that claim may still be asserted against the new owner even if it might have been disregarded at law. — Also termed doctrine of notice.
life tenant. A person who, until death, is beneficially entitled to property; the holder of a life estate. — Also termed tenant for life; life-owner. See life estate under ESTATE(1). [Cases: Life Estates 1. C.J.S. Estates §§ 28–29, 31, 34.] equitable life tenant. A life tenant not automatically entitled to possession but who makes an
future interest. A property interest in which the privilege of possession or of other enjoyment is future and not present. • A future interest can exist in either the grantor (as with a reversion) or the grantee (as with a remainder or executory interest). Today, most future interests are equitable interests in stocks and debt
owner n. 所有权人；所有人；物主；业主 对物〔thing〕或财产〔property〕享有所有权〔ownership〕的人。对物或财产享有占有、使用、收益、转让或处分等权利的人。此词系一多义词，依特定情况或法律规定而涵义有别。在英美法，所有人包括法律(普通法)上的所有人〔legal owner〕和衡平法上的所有人〔equitable or beneficial owner〕。在英国，根据1963年《公共卫生法》〔Public Health Act〕和1961年《工厂法》〔Factories Act〕，该法所称其房屋所有人是指当时收取该房地产年租不少于该《公共卫生法》第343条规定的一定房租额度的人，无论是为其自身的利益还是作为代理人或受托人。又依照1925年英国《财产法》〔Law of Property Act〕界定，房地产所有人〔estate owner〕是法律上的(普通法上的)房地产所有人，但未成年人(依1969年《家庭法改革法》〔Family Law Reform Act〕规定未满18岁为未成年人)不能享有普通法的地产所有权〔legal estate〕。地产所有人有权为了出售、抵押、租赁或其他目的而对整个地产权给予普通法的所有权。
exoneration (eg-zon-[schwa]-ray-sh[schwa]n). 1. The removal of a burden, charge, responsibility, or duty. 2. The right to be reimbursed by reason of having paid money that another person should have paid. 3. The equitable right of a surety — confirmed by statute in many states — to proceed to compel the principal debtor to satisfy the