法律英语词汇“title”的翻译、意思、用法、释义-法律词典

单词

title

释义

title

title in general terms a title to an asset relates both to a person's right

to enjoyment of that asset and the means by which that right has accrued and by which it is evidenced. Thus, for example, a stock or share certificate is evidence of the right of the person named therein to ownership of the specified amount of stock or shares. In relation to land, titles may be either REGISTERED or UNREGISTERED. The Land

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Registration Act 1925 provides for four types of registered title, each backed up by a state guarantee; the different types of title correspond to the extent of that guarantee. These are an absolute title, a good lease- hold title, a possessory title and a qualified title. Registration with an absolute freehold or leasehold title confers a full guarantee against claims arising before or after first registration; registration with a good leasehold guarantees that the lease is valid but does not guar- antee that the freehold or other superior interest out of which the grant was made is valid; registration with a qualified title guarantees against all claims except those deriving from a specified instrument or specified circumstances.

In the case of land subject to the Land Registration Acts, a propri- etor's title is constituted by the entry of his name on the register; the LAND CERTIFICATE that is issued constitutes evidence of that title.

In the case of land not subject to the Land Registration Acts (see UNREGISTERED TITLE), title is shown by tracing transactions affecting the land from deeds that constitute a good root of title, ending with the deeds transferring the land to the current owner. The deeds relating to each of these transactions are referred to as links in what is known as the chain of title; the last link, obviously, is the conveyance to the current owner. For a deed to qualify as a good root, it must:

(1) deal with the whole legal and beneficial interest in the land;

(2) cast no doubt on the validity of the title;

(3) relate to a transaction for valuable consideration; and

(4) relate to a transaction effected at least 15 years before the date of the transaction sought to be effected.

In relation to GOODS, an inaccurate summary of the detailed legal rule that follows would be to say that a seller or supplier in relation to other suppliers of goods promises the buyer that the buyer will be the owner of the goods and be able to enjoy the fruits of that owner- ship. In a CONTRACT of sale of goods other than one in which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have, there is an IMPLIED CONDITION on the part of the seller that in the case of a sale he has a right to sell the goods and in the case of an agreement to sell he will have such a right at the time the property is to pass. There is also an implied warranty that:

(1) the goods are free, and will remain free until the time when the

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property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and

(2) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the ben- efit of any charge or encumbrance so disclosed or known.

In a contract where it appears from the contract or is to be inferred from its circumstances that there is an intention that the seller should transfer only such title as a third person may have, there is an implied WARRANTY that all charges or encumbrances known to the seller have been disclosed to the buyer before the contract is made. In such a contract there is also an implied warranty that none of the following will disturb the buyer's quiet possession of the goods, namely: (a) the seller; (b) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person; (c) anyone claiming through the seller or that third person otherwise than under a charge or encumbrance dis- closed or known buyer before the contract is made (see Rowland v. Divall [1923] All ER 270; Niblett v. Confectioners Materials [1921] All ER 459).

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