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Session Laws, 1972
Volume 708, Page 1013   View pdf image
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Marvin Mandel, Governor                          1013

1-103. Presumptions.

Unless otherwise expressly provided, whenever this article states
that a fact shall be presumed, the presumption is rebuttable.

1-104. Successors.

Unless otherwise expressly provided, any reference to any person
shall automatically be binding upon or inure to the benefit of his
assigns, successors, heirs, legatees, and personal representatives.
This Section shall not be construed, however, to create or confer
any rights of assignment where none would otherwise exist.

1 -105. Contractual Modifications.

Any persons may, by agreement, vary the effect of provisions
in this article, except (a) as provided in this article, and (b) such
agreement may not affect the rights of persons not parties to or
otherwise bound by such agreement.

Title II

Statute of Frauds
2-101. Certain estates created by parol are estates at will.

All corporeal estates, leasehold or freehold, or incorporeal interests
in land made or created by parol and not in writing and signed
by the party so making or creating the same, or his agent lawfully
authorized by writing, shall have the force and effect of estates or
interests at will only, and shall not either in law or equity be deemed
or taken to have any other or greater force or effect.

2-102. Same-Three year exception.

Section 2-101 is not applicable to leasehold estates not exceeding
the term of three years from the making thereof.

2-103. Assignment, grant, or surrender of interest in property.

No corporeal estate, leasehold or freehold, or incorporeal interest
in land shall be assigned, granted or surrendered unless it be in
writing signed by the party so assigning, granting or surrendering
the same, or his agent lawfully authorized by writing, or by act and
operation of law.

2-104. Executory contracts.
No action shall be brought:

(a)    to charge any personal representative upon any special
promise to answer damages out of his own estate; or

(b)    to charge a defendant upon any special promise to answer
for the debt, default or miscarriage of another person; or

(c) to charge any person upon any agreement made upon con-
sideration of marriage; or

(d)    upon any contract for the sale or disposition of land or of
any interest in or concerning land; or

(e)    upon any agreement that is not to be performed within
the space of one year from the making thereof;

unless the contract or agreement upon which such action shall be

 

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Session Laws, 1972
Volume 708, Page 1013   View pdf image
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