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The Statute of Frauds (29 Car 2 c 3) (1677) is an Act of the Parliament of England. It required that certain types of contracts, wills, and grants, assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and subornation of perjury. It also required that documents of the courts be signed and dated. The attested date for the enactment of the Statute of Frauds is 16 April 1677 (New Style) The Act is believed to have been primarily drafted by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins. When the Statute of Frauds was originally enacted, the sections of, and the clauses of section 4 of, that Act were not numbered. They were numbered when the Act was republished in the Statutes at Large. The Statute at Large, Cambridge Edition published in 1770 divided the Act into 25 sections. The section on the sale of goods was section 17. In the Statutes of the Realm published in 1818, the Statute of Frauds was divided into 24 sections. The section on the sale of goods became section 16. This article uses the same numbering system as the Statutes of the Realm. == Real property == Section 1 provides that all leases, estates, and interest in freehold or term of years created by livery and seisin or parole not in writing signed by the maker shall have the effect as an estate of lease at will. Section 2 excepts from section 1 all leases not exceeding three years in term where rent equals two thirds of the value of the improved land. Section 3 provides that all leases, estates, and interest in freehold or term of years assigned granted or surrendered must be by deed or note in writing signed by the grantor or his agent or by operation of law. Section 7 provides that all conveyances in trusts of land must be in writing signed by the maker or by will. Section 9 provides that all grants and assignments of trusts in land must be in writing signed by the grantor or by will. Section 8 excepts from section 7 and 9 trusts that arise or result by implication of construction of law i.e. resulting trusts and constructive trusts. Sections 1 to 3 and 7 to 9 and 24 were repealed by section 207 of, and (Schedule 7 ) to, the Law of Property Act 1925 (15 Geo 5 c 20). However section 53(1)(a) required that interest in land be created or disposed by a signed writing, a will or operation of law. Section 53(1)(b) requires a declaration of trust in land must be by a signed writing or a will and section 53(1)(c) requires the same disposition of equitable interests and existing trusts. Section 52(2) state that section 53 does not affect the creation or operation of implied, resulting or constructive trusts. Section 54 provides interests in land created by parol and not put in writing and signed have the force and effect of interests at will only except that the lease for 3 years or less at the best rent may be made by parol. 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「Statute of Frauds」の詳細全文を読む スポンサード リンク
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