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    Rights of Title

    Uploaded by

    A. Campbell
    The document discusses how laws around rights of title for automobiles have changed from horse ownership in the 1800s. Now, all states have "Certificate of Title" laws that establish a method to verify who has the legal right to sell a vehicle. These statutory laws prevent a possessor, like a lessee or rental customer, from usurping the actual owner's title and rights by selling the vehicle themselves. If these title laws were not upheld, car rental agencies could be vulnerable if a customer who possessed a rental car did not abide by the private rental contract.

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    © All Rights Reserved
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    Rights of Title

    Uploaded by

    A. Campbell
    132 views1 page
    The document discusses how laws around rights of title for automobiles have changed from horse ownership in the 1800s. Now, all states have "Certificate of Title" laws that establish a method to verify who has the legal right to sell a vehicle. These statutory laws prevent a possessor, like a lessee or rental customer, from usurping the actual owner's title and rights by selling the vehicle themselves. If these title laws were not upheld, car rental agencies could be vulnerable if a customer who possessed a rental car did not abide by the private rental contract.

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    Who has Rights?

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    The document discusses how laws around rights of title for automobiles have changed from horse ownership in the 1800s. Now, all states have "Certificate of Title" laws that establish a method to verify who has the legal right to sell a vehicle. These statutory laws prevent a possessor, like a lessee or rental customer, from usurping the actual owner's title and rights by selling the vehicle themselves. If these title laws were not upheld, car rental agencies could be vulnerable if a customer who possessed a rental car did not abide by the private rental contract.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    132 views1 page

    Rights of Title

    Uploaded by

    A. Campbell
    The document discusses how laws around rights of title for automobiles have changed from horse ownership in the 1800s. Now, all states have "Certificate of Title" laws that establish a method to verify who has the legal right to sell a vehicle. These statutory laws prevent a possessor, like a lessee or rental customer, from usurping the actual owner's title and rights by selling the vehicle themselves. If these title laws were not upheld, car rental agencies could be vulnerable if a customer who possessed a rental car did not abide by the private rental contract.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Rights of Title

    Horse and Automobile analogy


    In the 1800s it was not uncommon for a horseman to sell his horse
    via a contract with a buyer believing that the seller in possession of the horse
    had the rights to sell the horse.
    In this modern time the horse has been replaced by automobile, car(s)
    and truck(s) in everyday use and many law(s) have been enacted into law
    that directly affects the buying and selling of an automobile. Whereas there
    was no method and means to verify if a horseman in possession of the horse
    had a legal right to sell the horse, all states have codified into law method
    and means to verify who has a right to sell the automobile: Certificate of
    Title law(s).
    If statutory law(s) are not held to be the legal standing of law, then a
    Lessee of an automobile who is in possession would have a lawful right to
    sell the automobile, the Leaser be damned and the principle of Nemo Dat
    would not be applicable to the seller in possession.
    However, statutory law(s) would not allow a possessor to usurp title
    law(s) and to sell the automobile. If statutory law is not held applicable then
    any car rental agency could fall prey to any person who rents and takes
    possession if such person does not adhere to a private contract.
    In car short, possession alone does not grant rights, however the
    United States Constitution does grant right(s) with a guarantee.

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