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Author: Ulrich Drobnig Publisher: sellier. european law publ. ISBN: 3935808968 Category : Law Languages : en Pages : 253
Book Description
This work is inspired by the comparative study published in The Interaction of Contract Law and Tort and Property Law in Europe (ISBN 3 935808 20 8-Cloth-$79.00-2004). Out of a transnational (comparative and EU-oriented) perspective, the essays included discuss whether divergences of property law on contractual security rights in movables constitute an obstacle to the internal market and, if so, what solutions could be offered. Unification or harmonization of private international law cannot offer an adequate solution, while unification of domestic security laws could. However, the latter will take a very long time, partly due to the specific nature of property law. The contributing authors advocate the development of a European Security Right in Movables (ESRM) in addition to the respective contemporary national security rights. A real ESRM would clearly support free competition within the European Union. However, the development of an ESRM will take much time, in particular when dealing with the relation between that ESRM and domestic security rights in the member states. The reader will also find considerations on the contents of an ESRM and on the outlines of the required additional provisions.
Author: Ulrich Drobnig Publisher: sellier. european law publ. ISBN: 3935808968 Category : Law Languages : en Pages : 253
Book Description
This work is inspired by the comparative study published in The Interaction of Contract Law and Tort and Property Law in Europe (ISBN 3 935808 20 8-Cloth-$79.00-2004). Out of a transnational (comparative and EU-oriented) perspective, the essays included discuss whether divergences of property law on contractual security rights in movables constitute an obstacle to the internal market and, if so, what solutions could be offered. Unification or harmonization of private international law cannot offer an adequate solution, while unification of domestic security laws could. However, the latter will take a very long time, partly due to the specific nature of property law. The contributing authors advocate the development of a European Security Right in Movables (ESRM) in addition to the respective contemporary national security rights. A real ESRM would clearly support free competition within the European Union. However, the development of an ESRM will take much time, in particular when dealing with the relation between that ESRM and domestic security rights in the member states. The reader will also find considerations on the contents of an ESRM and on the outlines of the required additional provisions.
Author: Yun-chien Chang Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article utilizes a unique data set of property laws in 119 jurisdictions in the world to test convergence/divergence theories in comparative property law. Our theory predicts that first, the structure of property law among all jurisdictions in the world will converge, or is similar since some time in the distant past, as they all face the same, positive transaction costs in delineating property rights. Second, our theory posits that the style of property law will tend to converge when the doctrines in question are isolated, but diverge when they are interconnected. Our data and descriptive analysis support the theory. Doctrines regarding possession, sales, condominium, tenancy in common, and limited property rights serve as prominent examples.
Author: Robert C. Ellickson Publisher: Aspen Publishing ISBN: 1454848545 Category : Law Languages : en Pages : 865
Book Description
This reader on property law continues its lengthy track record of success of combining fascinating and essential readings and materials pertaining to property law with author commentary. Now in its Fourth Edition, Perspectives on Property Law adds nationally renowned property scholar Henry E. Smith as co-author to its already impressive author team. Features: Among the new readings included in the Fourth Edition: William Fischel's book on the Homevoter Hypothesis Libecap and Lueck's article on systems of land demarcation Peñalver and Katyal's book on property outlaws Robert Merges's article on the new dynamism in the public domain
Author: Amnon Lehavi Publisher: Cambridge University Press ISBN: 1108425127 Category : Law Languages : en Pages : 301
Book Description
Why property law needs globalization strategies -- Local to global : an institutional analysis -- Land -- Tangible goods, monetary claims, investment securities -- Intellectual property, data, and digital assets -- Security interests and proprietary priorities in insolvency
Author: Jan Jakob Bornheim Publisher: Mohr Siebeck ISBN: 3161591682 Category : Law Languages : en Pages : 592
Book Description
"Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Author: Andrew Robertson Publisher: Bloomsbury Publishing ISBN: 178225661X Category : Law Languages : en Pages : 392
Book Description
This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.
Author: Michele Graziadei Publisher: ISBN: 9781848447578 Category : Comparative law Languages : en Pages : 0
Book Description
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.
Author: Joseph Gordon Hylton Publisher: Lexis Law Publishing (Va) ISBN: Category : Law Languages : en Pages : 818
Book Description
This casebook addresses changes that have occurred both in the law of property & in the law school curriculum. Its central premise is that the public & private law features of the law of property are so intertwined that the two can only be studied in conjunction. Consequently, the authors don't divide the materials into private & public law, as has been the norm. Instead, this new approach presents the law of property as a body of legal doctrine that is both public & private, & which has as its principal function the orderly transfer & use of natural & man-made resources. Teacher's Manual Casebook also available electronically
Author: Ulrich Drobnig
Author: Ulrich Drobnig
Author: Georges Affaki
Author: Yun-chien Chang
Author: 
Author: Robert C. Ellickson
Author: Amnon Lehavi
Author: Jan Jakob Bornheim
Author: Andrew Robertson
Author: Michele Graziadei
Author: Joseph Gordon Hylton