The Minority Doctrine Concerning Direct Restraints on Alienation

Bernhard, Herbert A.

Journal: Michigan Law Review

Volume: 57

First Page: 1173

Year: 1959

Bluebook Citation: 57 MICH. L. REV. 1173 (1959)

Author: Herbert A. Bernhard: all 3 publications


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Abstract

Restraints on the legal power of alienation which arise by acts of the parties can be classified into three categories: disabling restraints, forfeiture restraints and promissory restraints. A disabling restraint exists when the property involved is under a direction that it shall not be alienated. A forfeiture restraint exists when the property involved will be forfeited upon alienation of the property by the conveyee. A promissory restraint exists when the conveyee has promised not to alienate the property; it may arise out of a covenant either in the conveyance itself or in a separate contract.

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