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October 25, 2007

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Christian M. Frank Fas

This makes absolutely no sense. How is an oral acknowledgment of a settlement in court a voluntary manifestation to transfer real property? This is possibly one of the best cases of putting a square peg in a round hole by mix-matching the law to a specific action, and worse yet, it may set a precedent for all subsequent settlements.

Here, in PR, real property can be transferred by means of an oral contract. Although the action itself may be simple, and no written formalism is required, a transfer of property, be it physically or symbolically (from the roman traditio) must occur. This guarantees that actions and words concur. A "yes, your honor" just wouldn't cut it here, and neither should it in Kansas.

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