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Formalities in English law are required in some kinds of transaction by English contract law and trusts law. In a limited number of cases, agreements and trusts will be unenforceable unless they meet a certain form prescribed by statute. The main kinds of formality that a statute can require are to put the transaction in writing, to make a deed, or to register it at a government registrar (such as HM Land Registry or Companies House). While contracts and trusts can be generally created without formality, some transactions are thought to require form either because it makes a person think carefully before they bind themselves to an agreement, or merely that it serves as clear evidence.〔See L Fuller, ‘Consideration and Form’ (1941) (41 Columbia Law Review 799 )〕 ==History== The history of requirements of formality in English law generally shows a gradual shift towards fewer and fewer instances of transaction needing form, as technology and recording of agreements has become more advanced. Originally a contract which was sealed ("made under seal", using a wax seal) was treated differently from other written contracts (which were "made under hand"). It was predominantly a mark of authentication. A document that was "signed, sealed and delivered" was taken as secure. Originally, only a wax seal was accepted as a seal by the courts, but by the 19th century many jurisdictions had relaxed the definition to include an impression in the paper on which the instrument was printed, an embossed paper wafer affixed to an instrument, a ''scroll'' made with a pen, or the printed words "Seal" or "L.S." (standing for the Latin term locus sigilli meaning "place of the seal"). If a seal was in place, common law courts regarded it as removing the need for consideration to support the contract. It raised, at least, a rebuttable presumption of consideration. By the 20th century a small circle of red adhesive paper affixed to the document in question was sufficient when an individual had to use a seal. This process was described in a report of the Law Commission, ''Transfer of Land: Formalities for Deeds and Escrows''〔(1985) (Working Paper No 93 ), para 4.2〕 as "a meaningless exercise". This was most common on a contract for the sale of land, although the courts also held that a circle containing the letters "L.S." was adequate.〔''First National Securities Ltd v Jones'' () Ch 109〕 The common law rule which required that a deed made by a private individual had to be sealed to be validly executed was finally abolished in 1989 by the Law of Property (Miscellaneous Provisions) Act 1989. The Act implemented recommendations made by the Law Commission of England and Wales in their 1987 report ''Deeds and Escrows''〔Law Com No 163〕 and replaced seals with the requirements that the document had to explicitly state that it was being executed as a deed, and had to be witnessed.〔Section 1 of Law of Property (Miscellaneous Provisions) Act 1989〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Formalities in English law」の詳細全文を読む スポンサード リンク
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