Chapter

<i>The Statute</i> De Donis <i>and the Invention of the Doctrine of Estates</i>

A. W. B. Simpson

in A History of the Land Law

Second edition

Published in print July 1986 | ISBN: 9780198255376
Published online March 2012 | e-ISBN: 9780191681585 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255376.003.0004
The Statute De Donis and the Invention of the Doctrine of Estates

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This chapter indicates that the statute De Donis had a great deal to do with the formation of the characteristic doctrine of the land law and this is indeed so. But an account of the narrower effect of the statute must precede any discussion of its wider implications. It has been noted how maritagia and other forms of conditional fee could be alienated once the condition was satisfied, and how this right of alienation clearly defeated the intention of donors of such gifts. This state of the law provoked strong protest in 1258, in the Petition of the Barons.

Keywords: statute De Donis; doctrine of estates; land law; conditional fee; alienation; maritagia

Chapter.  10103 words. 

Subjects: History of Law

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