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单词 Objection to conveyance
释义 反對轉易
An objection raised by a purchaser of land which relates not to the vendor’s title, but to the actual conveyance. In most cases, a purchase and sale agreement would include a condition for the purchaser to object. In most cases, a purchase and sale agreement would include a clause which is widely drafted so as to cover both a condition for the purchaser to object to the seller’s title and a condition to object to conveyance, such as an objection to the conveyance being made subject to covenants and restrictions the existence of which did not appear from the particulars or the title deeds: Halsbury’s Laws of Hong Kong, Vol 16, Land [230.0211]; Ashburner v Sewell [1891] 3 Ch 405. Although the condition does not refer to requisitions as to conveyance, if it is expressed to include objections as to the title, particulars, conditions, and any other matter or thing relating to the sale, it is construed to include requisitions as to conveyance. In other words, unless the relevant condition is widely drafted it will not extend to an objection to the conveyance: Re Deighton and Harris’s Contract [1898] 1 Ch 458. See also Notice of rescission; Objection to title; Requisitions on title; Rescission.
由土地買方就易轉本身而非賣方的所有權提出的反對。在大多數情況下,買賣協議會包括買方提出反對的條件。在大多數情況下,買賣協議會包括措詞廣泛的,涵蓋買方反對賣方的所有權,及反對易轉的兩個條件,後者的例子有反對要受到詳細資料沒有在業權契據中出現的契諾及限制所限:Halsbury’s Laws of Hong Kong, 第16冊,土地,第[230.0211]段;Ashburner v Sewell [1891] 3 Ch 405。儘管條件並不指易轉要求,但倘若條件明示為包括對下述的反對,即所有權、詳情 、條件及其他任何與售賣的事宜或事情有關的,則該些條件會被解釋為包括易轉要求。即除非有關條件措詞廣泛,否則不會延伸至對易轉的反對:Re Deighton and Harris’s Contract [1898] 1 Ch 458。另見 Notice of rescission; Objection to title; Requisitions on title; Rescission。
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更新时间:2025/4/4 11:40:06