During the course of this project, the author shall try to establish how specific enforceability,... more During the course of this project, the author shall try to establish how specific enforceability, though not a proprietary interest, charge or right in itself, is almost as good as a registered property right. It will be shown through statutory provisions, cases and situations that specific enforceability falls short of being a fully fledged property right only in a select few circumstances apart from which it provides almost all the benefits that accrue from having a registered property right. It is to be noted at the start that specific enforceability pertains to the specific enforceability of a contract, i.e., a specifically enforceable contract which can be a contract for sale, lease, mortgage, etc. For the purpose of this project, the author shall refer only to a contract for sale in order to keep the scope of the project limited. Most of the arguments advanced however, apply also to other contracts for transfer of property as well.
During the course of this project, the author shall try to establish how specific enforceability,... more During the course of this project, the author shall try to establish how specific enforceability, though not a proprietary interest, charge or right in itself, is almost as good as a registered property right. It will be shown through statutory provisions, cases and situations that specific enforceability falls short of being a fully fledged property right only in a select few circumstances apart from which it provides almost all the benefits that accrue from having a registered property right. It is to be noted at the start that specific enforceability pertains to the specific enforceability of a contract, i.e., a specifically enforceable contract which can be a contract for sale, lease, mortgage, etc. For the purpose of this project, the author shall refer only to a contract for sale in order to keep the scope of the project limited. Most of the arguments advanced however, apply also to other contracts for transfer of property as well.
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Papers by Varnika Jain