Of course, as the honourable member will know, alienability is a defining characteristic of a fee simple title. |
It emphasised contractual freedom and alienability of property, while shunning legal technicalities and deciding cases ex aequo et bono. |
Rights-forfeiture is consistent with the alienability of rights. |
As Margaret Radin and others have shown, however, alienability is not a necessary condition for property. |
A precursor to modern commercial law, the Law Merchant emphasised the freedom of contract and alienability of property. |
In Anglo-Saxon law this mode of justification has been less well received due to its implications for the final alienability of intellectual property. |