Javins v. First National Realty Corp., 428 F.2d 1071 (1970)

Citation: Javins v. First National Realty Corp., 428 F.2d 1071 (1970)
Parent Document: Javins v. First National Realty Corp., 428 F.2d 1071 (1970)
Jurisdiction: DC (municipal)
Effective Date: 1970-05-07
Original Source: https://www.courtlistener.com/opinion/8896568/javins-v-first-national-realty-corp/ ↗

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Since, in traditional analysis, a lease was the conveyance of an interest in land, courts have usually utilized the special rules governing real property transactions to resolve controversies involving leases. However, as the Supreme Court has noted in another context, “the body of private property law * * *, more than almost any other branch of law, has been shaped by distinctions whose validity is largely historical.” 6 Courts have a duty to reappraise old doctrines in the light of the facts and values of contemporary life — particularly old common law doctrines which the courts themselves created and developed.7 As we have said before, “[T]he continued vitality of the common law * * * depends upon its ability to reflect contemporary community values and ethics.” 8

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