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Author: Luke Rostill Publisher: Oxford University Press ISBN: 019258104X Category : Law Languages : en Pages : 192
Book Description
This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.
Author: Luke Rostill Publisher: Oxford University Press ISBN: 019258104X Category : Law Languages : en Pages : 192
Book Description
This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.
Author: Yun-chien Chang Publisher: Cambridge University Press ISBN: 1316033384 Category : Law Languages : en Pages : 365
Book Description
Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy and Austria.
Author: Mark Wonnacott Publisher: Cambridge University Press ISBN: 1139461079 Category : Law Languages : en Pages : 170
Book Description
Nothing is more important in English land law than 'possession'. It is the foundation of all title, rights and remedies. But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. It explains the different meanings of possession, the relationship between possession and title, and the ways in which the common law and equity do, and do not, protect possession. The rights and remedies of freeholders, tenants and mortgage lenders, between themselves and against third parties, are all to some extent dependent on questions of status and possession. This book shows how. It is designed to provide an understanding of the basic principles for the student, and answers to difficult, real problems for the practitioner.
Author: William Schweiker Publisher: Wm. B. Eerdmans Publishing ISBN: 9780802824844 Category : Law Languages : en Pages : 432
Book Description
In today's market economies, people constitute much of their identity in relation to the things they possess, and communities facilitate social intercourse and survival by means of property relations. What, if anything, might the study of the biblical religions contribute to thinking about and responding to the basic reality of "having"? In this book scholars in a variety of fields -- theology, ethics, economics, and biblical studies -- address in new and penetrating ways the meaning of "having" in religious and social life and offer a number of compelling answers to challenging questions about property and possession in our present, global age.
Author: Stephen M. Best Publisher: University of Chicago Press ISBN: 0226241114 Category : Literary Criticism Languages : en Pages : 375
Book Description
In this study of literature and law before and since the Civil War, Stephen M. Best shows how American conceptions of slavery, property, and the idea of the fugitive were profoundly interconnected. The Fugitive's Properties uncovers a poetics of intangible, personified property emerging out of antebellum laws, circulating through key nineteenth-century works of literature, and informing cultural forms such as blackface minstrelsy and early race films. Best also argues that legal principles dealing with fugitives and indebted persons provided a sophisticated precursor to intellectual property law as it dealt with rights in appearance, expression, and other abstract aspects of personhood. In this conception of property as fleeting, indeed fugitive, American law preserved for much of the rest of the century slavery's most pressing legal imperative: the production of personhood as a market commodity. By revealing the paradoxes of this relationship between fugitive slave law and intellectual property law, Best helps us to understand how race achieved much of its force in the American cultural imagination. A work of ambitious scope and compelling cross-connections, The Fugitive's Properties sets new agendas for scholars of American literature and legal culture.
Author: Brenna Bhandar Publisher: Duke University Press ISBN: 082237157X Category : Law Languages : en Pages : 237
Book Description
In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
Author: Thomas Sikor Publisher: John Wiley & Sons ISBN: 9781444322910 Category : Political Science Languages : en Pages : 224
Book Description
The Politics of Possession investigates how struggles overaccess to resources and political power constitute property andauthority recursively. Such dynamics are integral to stateformation in societies characterized by normative and legalpluralism. Includes some of the latest theoretical work on the dynamics ofaccess and property and how they are joined to questions of powerand authority Explores how access to resources is often contested and rifewith conflict, particularly in post-colonial and post-socialistcountries Offers a thought-provoking approach to the study of everydayprocesses of state formation Shows how the process of seeking authorization for propertyclaims works to legitimize the authorizers, and the effortsundertaken by politico-legal institutions to gain legitimacyunderpin and undermine various claims of access and property Contributors explore from a wide empirical compass of originalresearch spanning Latin America, Africa, South-East Asia, andEastern Europe
Author: Luke Rostill
Author: Luke Rostill
Author: Yun-chien Chang
Author: Mark Wonnacott
Author: William Schweiker
Author: Stephen M. Best
Author: John F. Decker
Author: Brenna Bhandar
Author: William Francis Walsh
Author: Thomas Sikor
Author: Albert Sidney Bolles