Conceptualising Property Law

Conceptualising Property Law PDF

Author: Yaëll Emerich

Publisher: Edward Elgar Publishing

Published: 2018-11-30

Total Pages: 352

ISBN-13: 1788111842

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Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.

Conceptualising Home

Conceptualising Home PDF

Author: Lorna Fox O'Mahony

Publisher: Bloomsbury Publishing

Published: 2006-12-01

Total Pages: 568

ISBN-13: 1847312918

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It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.

Foundations of Property Law

Foundations of Property Law PDF

Author: Christian von Bar

Publisher: Oxford University Press

Published: 2023-08-25

Total Pages: 481

ISBN-13: 0198885423

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Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.

Perspectives on Property Law

Perspectives on Property Law PDF

Author: Robert C. Ellickson

Publisher: Aspen Publishing

Published: 2023

Total Pages: 544

ISBN-13: 1543808980

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"A reader containing a wide selection of fascinating and essential readings on Property Law, supplemented with the authors' own commentary"--

Property Law

Property Law PDF

Author: Joseph William Singer

Publisher: Aspen Publishing

Published: 2017-03-10

Total Pages: 1887

ISBN-13: 1454888148

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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks This hugely successful cases-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its clear descriptions of legal doctrine and its variations; its explanations of the social ramifications of property law; its emphasis on both statutory and regulatory interpretation; its comprehensive treatment of public accommodations and fair housing law, current tribal property issues, and property in human bodies; and its use of the problem method to teach legal reasoning andlawyeringskills. Thoroughly updated to reflect significant changes in the law of property, the Seventh Edition incorporates multiple new Supreme Court cases, including:Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.,Obergefellv. Hodges, andReed v. Town of Gilbert, and 3 decided or pending cases with implications for regulatory takings,Horne v.Dep’tof Agriculture,Marvin M. Brandt Revocable Trust v. United States, andMurrv. State. Key Features: Updated to reflect significant changes in the law of property to help professors keep current and be aware of emerging disputes. These include multiple new Supreme Court cases: Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015), upholding disparate impact claims under the Fair Housing Act; Obergefellv. Hodges, 123 S. Ct. 2584 (2015), finding a constitutional right to same-sex marriage; Reed v. Town of Gilbert,135 S. Ct. 2218 (2015), broadly applying the First Amendment’s free speech clause to sign regulations; and three decided or pending cases with implications for regulatory takings,Horne v.Dep’tof Agriculture, 135 S. Ct. 2419 (2015),Marvin M. Brandt Revocable Trust v. United States, 134 S. Ct. 1257 (2014), andMurrv. State, 359Wis.2d675 (Wis. Ct. App. 2014), cert. granted sub nom.Murrv. Wisconsin, 136 S.Ct. 890 (2016). New materials and problems have been included in several areas: Collisions between the sharing economy and servitude, zoning, and landlord-tenant law; Questions of the inheritance rights of children born through assisted reproductive technology; Continuing litigation over the Rails-to-Trails Act conversion of abandoned railroad tracks into recreational trails Invalidation of the copyright on the Happy Birthday song; Commonwealth v.Magadini, 52 N.E.3d 1041 (Mass. 2016), upholding a necessity defense to a trespass charge against a homeless man; and The Revised Uniform Residential Landlord and Tenant Act, adopted in 2015.

Conceptualising Home

Conceptualising Home PDF

Author: Lorna Fox O'Mahony

Publisher:

Published: 2007

Total Pages: 551

ISBN-13: 9781474200554

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By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, this book examines the possibilities for developing a coherent concept of home in law.

Philosophical Foundations of Property Law

Philosophical Foundations of Property Law PDF

Author: James Penner

Publisher:

Published: 2013-11

Total Pages: 398

ISBN-13: 0199673586

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This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.

Comparative Property Law

Comparative Property Law PDF

Author: Michele Graziadei

Publisher: Edward Elgar Publishing

Published: 2017-01-27

Total Pages: 515

ISBN-13: 1785369164

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Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.

Perspectives on Property Law

Perspectives on Property Law PDF

Author: Robert C. Ellickson

Publisher: Aspen Publishers

Published: 2002

Total Pages: 626

ISBN-13:

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This reader continues its track record of success by combining fascinating and essential readings and materials pertaining to property law with author commentary. Traits the authors continue to build upon: - essays and articles articulate important points related to the major issues in property law - essays that are accompanied by introductory text, notes, and questions to deepen students' understanding of the ideas contained in the essays - a well-known and respected author team Features of the Third Edition: - Heller/Eisenberg's article regarding anti-commons and the over-patenting of the human genome - Pipes' article on how the lack of private property contributed to the decline of the Soviet Union - Desoto's article on titling in developing nations

New Perspectives on Property Law, Obligations and Restitution

New Perspectives on Property Law, Obligations and Restitution PDF

Author: Alastair Hudson

Publisher:

Published: 2004

Total Pages:

ISBN-13:

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The essays in this collection examine the conceptual notions of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. In particular this collection focuses on the ways in which those concepts are applied to commercial law, land law, human rights law, intellectual property law, the law of restitution, company law and legal theory. This is a challenging and progressive collection of essays which cohere into an extensive examination.