To that point, there is an equally compelling reason as to why the law should allow for freer alienability
when it comes to securitization and using virtual property as a source of secured credit.
The homeowner has functionally secured a rent-free dwelling, but it is with uncertain tenure and little alienability
, as the house is still encumbered.
Consider the three principle rights within the bundle: use, exclusivity and alienability
99) To be sure, states can expressly curtail the resources and uses protected by the public trust doctrine, (100) supplant the doctrine with comprehensive environmental regulatory schemes, (101) expand public access rights, (102) or restrict the alienability
of trust resources more narrowly than is proscribed by the bedrock common law principles.
Taking away this first right of alienability
as not essential to property, the last right is where Harris and others focus: the right to exclude.
In general, de-contextualizing a right is a predicate for its alienability
Anti-dead-hand rules can be set aside as having little, if anything, to do with arbitration, since they typically focus on (1) issues relating to future interests, as reflected in the Rule Against Perpetuities and similar provisions that give effect to the desire to promote the alienability
of land, and (2) the principle that the trust must benefit the beneficiaries.
They have been concerned with embryo commodification and alienability
in biotechnological practices and with the ascent of property rights and property discourse in general with respect to human tissue.
This restriction on possessors in IPCs apparently reflects the alienability
of the expressed relationship which entails--though to varying degrees--control on behalf of the possessor, hence in turn entailing its animacy.
A counterparty who accepts this understanding as the price of doing business (or perhaps in exchange for a more favorable price) is collaborating in this alienability
See Claire Priest, Creating an American Property Law: Alienability
and Its Limits in American History, 120 HARV.
therein, restrictions on alienability
do not apply to testamentary