انتقال حق مالکیت بدون قبض عین

1 Law:: grant ( : 1. A grant may be defined generally as the transfer of property by an instrument in writing without the delivery of the possession of any subject-matter thereof. This may happen (1) where there is no subject-matter capable of delivery, as in the case of an advowson, patent right, or title of honor; (2) where the subject-matter is not capable of immediate delivery, as in the case of a reversion or remainder; (3) where, by reason of the subject-matter of the property being in the custody of another, or for any other cause, it is impracticable or undesirable to transfer the immediate possession. The person making the grant is called the grantor; the person to whom it is made the grantee. Where the grantor transfers his whole interest in any subject-mater, the grant is generally called an assignment. A grant has always been the regular method of transferring incorporeal hereditaments, as an advowson, etc, and estates in expectancy, because no “livery,” that is, physical delivery, could be made of such estates. For this reason they were said to lie in grant; while corporeal hereditaments in possession were formerly said to lie in livery. By section 59 of the Law of Property Act, 1925 (of England), the word “grant” is not to imply any covenant in law save where otherwise provided by statute. Nor is the word “grant” necessary to convey land or to create any interest therein. Nevertheless all lands and all interests therein lie “in grant” and are no longer capable of being conveyed by livery (ibid., s. 51). According to Blackstone, a grant is distinguished from a gift as being made upon some consideration or equivalent, whereas a gift is gratuitous. 2. The word grant is also frequently used in reference to public money devoted by parliament for special purposes.)

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