New Perspectives on Acquisitive Prescription

New Perspectives on Acquisitive Prescription

Author: Björn Hoops

Publisher:

Published: 2019

Total Pages: 305

ISBN-13: 9789462369597

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Landownership is a cornerstone of our economic and social system, as it enables people to lead self-fulfilling lives by allowing them to participate in human activities. It also provides the necessary security for long-term investment and economic development. These purposes are undermined when non-owners acquire the ownership of land against the owner's wishes. Yet, both acquisitive prescription and adverse possession deprive owners of their property against their will. This book offers fresh perspectives on existing debates about whether these legal institutions still serve legitimate goals in contemporary society. To the extent that they still have a societal function, the contributors to this book inquire whether the requirements for an acquisition by a non-owner should be changed. They pay particular attention to the role of land registration systems in the context of these legal institutions and shed light on whether there should be alternative remedies available, such as compensation for the loss of land.


New Perspectives on Land Registration

New Perspectives on Land Registration

Author: Amy Goymour

Publisher: Bloomsbury Publishing

Published: 2018-02-08

Total Pages: 567

ISBN-13: 1509906045

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The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation's interpretation and application has since generated many unanticipated problems which demand attention. In this book's twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.


Squatting and the State

Squatting and the State

Author: Lorna Fox O'Mahony

Publisher: Cambridge University Press

Published: 2022-08-25

Total Pages: 497

ISBN-13: 1108487742

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This book offers a fresh theoretical approach and methodology for tackling the most pressing property problems of our time.


New Perspectives in the Roman Law of Property

New Perspectives in the Roman Law of Property

Author: Peter Birks

Publisher:

Published: 1989

Total Pages: 258

ISBN-13:

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This collection of essays, contributed by friends and colleagues of Barry Nicholas, is a Festschrift to mark the occasion of his 70th birthday, and it is also an important contribution to the study of a specific area of Roman Law.Barry Nicholas is one of the leading comparatists and Roman lawyers of his day. For many years All Souls Reader in Roman Law, and then Professor of Comparative Law in the University of Oxford, he retires this year after more than 10 years as Principal of Brasenose College.


New Perspectives on the Transnational Right

New Perspectives on the Transnational Right

Author: M. Durham

Publisher: Springer

Published: 2016-06-08

Total Pages: 204

ISBN-13: 0230115527

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The links the conservative Right has sought to forge beyond the national over the last century have been too often neglected, and this volume sheds new light on transnationalism, the Right, and the ways the two interact.


Property Law Perspectives IV

Property Law Perspectives IV

Author: Dorothy Gruyaert

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9781780683706

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Property Law Perspectives IV shows that attention is still being paid to the roots of property law.


Perspectives on Property Law

Perspectives on Property Law

Author: Robert C. Ellickson

Publisher: Aspen Publishing

Published: 2023-02-01

Total Pages: 709

ISBN-13: 1543856160

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team


European Perspectives on the Common European Sales Law

European Perspectives on the Common European Sales Law

Author: Javier Plaza Penadés

Publisher: Springer

Published: 2014-11-04

Total Pages: 314

ISBN-13: 3319104977

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This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​


Léon Duguit and the Social Obligation Norm of Property

Léon Duguit and the Social Obligation Norm of Property

Author: Paul Babie

Publisher: Springer Nature

Published: 2019-09-07

Total Pages: 419

ISBN-13: 981137189X

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This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.