Tag: Absolute restraints

Absolute and Partial Restraints on Transfer

The extent to which a person transferring real or personal property may limit its subsequent disposition by the transferee has for centuries been a problem troubling the courts. However, the context in which the present-day struggle arises is a far cry from the feudalistic society existing in England when the restraints on alienation doctrine was developed, yet the materials which follow evidence quite clearly that the judicial role in articulating and enforcing the doctrine is beginning anew.