Property law: general Books

Book Synopsis'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'Mikhail Xifaras, Sciences Po Law School, FranceComparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. WalshTrade Review'As one of the latest titles in Elgar's Research Handbooks in Comparative Law series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.' --The Barrister'This excellent and wide-ranging book offers the best and most comprehensive comparative analysis of property law I have seen in years. The book covers a myriad of fascinating topics. It contains contributions from first-rate property scholars from all over the world and despite its breadth, it makes for a delightful read. The chapters of the books contain a plethora of new insights into the law and practice of property in different countries. Any reader will learn a tremendous deal from the book. Its chapters offer a rich discussion of assets, doctrines, institutions and legal systems. It is difficult to imagine such wealth of legal resources and knowledge in any other single source. The book is highly recommended to all readers.' --Gideon Parchomovsky, University of Pennsylvania'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism.' --Robert Ellickson, Yale Law SchoolTable of ContentsContents: Introduction Michele Graziadei and Lionel Smith PART I PERSPECTIVES FROM OTHER DISCIPLINES 1. Property in Prehistory Timothy Earle 2. The Anthropology of Property Bertram Turner PART II THE PRIVATE PROPERTY MODEL AND ITS GRAMMAR 3. Objects of Property Rights: Old and New Sabrina Praduroux 4. The Structure of Property Ownership and the Common Law/Civil Law Divide Michele Graziadei 5. The Numerus Clausus of Property Rights Bram Akkermans 6. The State of the Art of Comparative Research in the Area of Trusts Alexandra Braun 7. Transfer of Property Inter Vivos Lars van Vliet 8 Possession Yaëll Emerich PART III CONTESTED GLOBAL DIMENSIONS OF PROPERTY LAW 9. Comparative Constitutional Property Law André van der Walt and Rachael Walsh 10. Systems of Public Ownership Giorgio Resta 11. Access to Nature Filippo Valguarnera 12. Water Rights David B. Schorr 13. Land Law in the Age of Globalization and Land Grabbing Amnon Lehavi 14. China’s Changing Property Law Landscape Shitong Qiao and Frank K. Upham 15. Formalizing Property in Latin America Jorge L. Esquirol 16. Property and the Religious Sphere Roberta Aluffi and Domenico Francavilla 17. Cultural Property in International Law Francesco Francioni 18. The Land Rights of Indigenous Peoples Under International Law Federico Lenzerini 19. Indigenous Territorial Rights in the Common Law Kent McNeil 20. Community Rights to Forests in the Tropics Anne M. Larson, Iliana Monterroso, Mani Ram Banjade, Esther Mwangi 21. Customary Tenure: Remaking Property for the 21st Century Liz Alden Wily Index

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Book SynopsisThis important research review considers the seminal legal articles in property law and its subtopics published during the 20th and 21st centuries. The coverage is broad, as comprehensive as possible, ranging from theoretical to practical and doctrinal. The authors of the pieces under discussion are primarily American and all stand as leading figures in their respective fields. The text places its focus on topics of current interest, including economic and non-economic theories of property, the takings problem, and the reform of the law of land-use servitudes.Trade Review‘Property is one of the most essential - and most misunderstood - concepts. The law of property is complex because the institution of private property fills a wide variety of functions, from providing security and autonomy to generating social welfare to supporting democratic political institutions. Understanding property is immeasurably enhanced by looking at it from a variety of normative perspectives and understanding how it has changed over time. These volumes address key issues by explaining debates among important theorists, all of whom have insights worth studying. The authors collected here have each put their mark on the field, and the editors have skillfully framed the fruitful debates they generated. A must-have compendium.’ -- Joseph William Singer, Harvard Law School, USTable of ContentsContents: Volume I Acknowledgements vii Introduction Gregory S. Alexander ix PART I CONCEPTUAL MATTERS: STRUCTURING OWNERSHIP 1. William Blackstone (1979 [1765–1769]), ‘The Rights’ in Commentaries on the Laws of England, Volume II, Chicago, IL: University of Chicago Press, 2 2 2. Wesley N. Hohfeld (1917), ‘Fundamental Legal Conceptions as Applied in Judicial Reasoning’, Yale Law Journal, 26 (8), June, 710–70 3 3. A.M. Honoré (1961), ‘Ownership’, in A.G. Guest (ed.), Oxford Essays in Jurisprudence: A Collaborative Work, Chapter V, Oxford, UK and New York, NY, USA: Oxford University Press, 107–47 64 4. Thomas C. Grey (1980), ‘The Disintegration of Property’, in J. Roland Pennock and John W. Chapman (eds), Nomos XXII: Property, New York, NY, USA: New York University Press, 69–85 105 5. Henry E. Smith (2012), ‘Property as the Law of Things’, Harvard Law Review, 125 (7), May, 1691–726 122 PART II THE OBJECTS OF PROPERTY 6. Charles A. Reich (1964), ‘The New Property’, Yale Law Journal, 73 (5), April, 733–87 159 7. Margaret Jane Radin (1987), ‘Market-Inalienability’, Harvard Law Review, 100 (8), June, 1849–937 214 8. Cheryl I. Harris (1993), ‘Whiteness as Property’, Harvard Law Review, 106 (8), June, 1707–91 303 9. Joseph William Singer (1988), ‘The Reliance Interest in Property’, Stanford Law Review, 40 (3), February, 611–751 388 10. Sarah Harding (1999), ‘Value, Obligation and Cultural Heritage’, Arizona State Law Journal, 31 (2), February, 291–354 529 PART III RULES VERSUS STANDARDS IN PROPERTY LAW 11. Carol M. Rose (1988), ‘Crystals and Mud in Property Law’, Stanford Law Review, 40 (3), February, 577–610 594 12. Henry E. Smith (2009), ‘Mind the Gap: The Indirect Relation Between Ends and Means in American Property Law’, Cornell Law Review , 94 (4), May, 959–89 628 13. Gregory S. Alexander and Eduardo M. Peñalver (2012), ‘The Right to Exclude and its Limits’, in (eds) An Introduction to Property Theory , Chapter 7, Cambridge, UK: Cambridge University Press, 130–55 659 PART IV THE ECONOMIC APPROACH TO PROPERTY 14. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’, American Economic Review , 57 (2), May, 347–59 686 15. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’, Harvard Law Review , 85 (6), April, 1089–128 699 16. Robert C. Ellickson (1986), ‘Of Coase and Cattle: Dispute Resolution Among Neighbors in Shasta County’, Stanford Law Review , 38 (3), February, 623–87 739 PART V NON-ECONOMIC THEORIES OF PROPERTY 17. Margaret Jane Radin (1982), ‘Property and Personhood’, Stanford Law Review , 34 (5), May, 957–1015 805 18. Gregory S. Alexander (2009), ‘The Social-Obligation Norm in American Property Law’, Cornell Law Review , 94 (4), May, 745–819 864 Volume II Acknowledgements vii Introduction: An Introduction by the editor appears in Volume I PART I THE NUMERUS CLAUSUS QUESTION 1. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerus Clausus Principle’, Yale Law Journal, 110 (1), October, 1–70 2 2. Henry Hansmann and Reinier Kraakman (2002), ‘Property, Contract, and Verification: The Numerus Clausus Problem and the Divisibility of Rights’, Journal of Legal Studies, 31 (S2), June, S373–S420 72 PART II COMMONS AND PROPERTY RIGHTS 3. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’, Harvard Law Review, 111 (3), January, 621–88 121 4. James E. Krier (1992), ‘The Tragedy of the Commons, Part Two’, Harvard Journal of Law and Public Policy, 15 (2), Spring, 325–47 189 PART III ESTATES IN LAND AND FUTURE INTERESTS 5. T.P. Gallanis (2003), ‘The Future of Future Interests’, Washington and Lee Law Review, 60 (2), Spring, 513–75 213 6. W. Barton Leach (1938), ‘Perpetuities in a Nutshell’, Harvard Law Review, 51 (4), February, 638–71 276 7. Lawrence W. Waggoner (1985), ‘Perpetuities: A Perspective on Wait-and-See’, Columbia Law Review, 85 (8), December, 1714–29 310 PART IV LANDLORD/TENANT RELATIONS 8. Mary Ann Glendon (1982), ‘The Transformation of American Landlord–Tenant Law’, Boston College Law Review, 23 (3), May, 503–76 327 9. Duncan Kennedy (1987), ‘The Effect of the Warranty of Habitability on Low Income Housing: “Milking” and Class Violence’, Florida State University Law Review, 15 (3), Fall, 485–519 401 PART V SERVITUDES 10. Gerald Korngold (1988), ‘For Unifying Servitudes and Defeasible Fees: Property Law’s Functional Equivalents’, Texas Law Review, 66 (3), February, 533–76 437 11. Susan F. French (1982), ‘Toward a Modern Law of Servitudes: Reweaving the Ancient Strands’, Southern California Law Review, 55 (6), September, 1261–319 481 PART VI ZONING AND LAND USE CONTROLS 12. Robert C. Ellickson (1973), ‘Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Controls’, University of Chicago Law Review, 40 (4), Summer, 681–781 541 13. Carol M. Rose (1983), ‘Planning and Dealing: Piecemeal Land Controls as a Problem of Local Legitimacy’, California Law Review, 71 (3), May, 837–912 642 PART VII CONSTITUTION PROTECTION OF PROPERTY: THE TAKINGS ISSUE 14. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law’, Harvard Law Review, 80 (6), April, 1165–258 719 15. Thomas W. Merrill (1986), ‘The Economics of Public Use’, Cornell Law Review, 72 (1), November, 61–116 813 16. Hanoch Dagan (1999), ‘Takings and Distributive Justice’, Virginia Law Review, 85 (5), August, 741–804 869

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Book Synopsis'A delicious book.' Jared DiamondWho controls the space around an aeroplane seat: you or the person behind you trying to work on their laptop? Who owns your favourite football player? And why do Facebook and Google want your private data?In Mine! Michael Heller and James Salzman reveal the hidden economic and social rules that guide everyday life, demonstrating that much of what we assume about ownership is wrong. Whether a lost wallet, a playground swing or a London flat, Mine! explores what ownership means and why it governs everything we do.Trade ReviewThis delicious book will guide you through the confusing maze of ownership disputes that bedevil our daily lives. * Jared Diamond, Pulitzer-winning author of Guns, Germs and Steel *Mine! does for ownership what Dubner and Levitt's Freakonomics did for money: it shows you the world through a different lens... Its ideas will certainly get your brain whirring. * Sunday Times *Mine! is one of those rare and treasured books that make you feel smarter and change the way you see the world. I haven't had an experience like this as a reader since Freakonomics. A rollicking good read, filled with amazing stories about the secret rules of ownership and why they work in unexpected ways. * Barton Gellman, three-time winner of the Pulitzer Prize and author of Dark Mirror *Who knew there are hidden rules of ownership controlling our lives? I didn't until I read this fascinating, illuminating book. I'm very glad I did. * Robert Cialdini, bestselling author of Influence *Fascinating... It's immensely clarifying, beautifully written, and perfectly timed -- and it might improve the world to boot. * Cass R. Sunstein, bestselling co-author of Nudge *With vivid stories and memorable insights, Heller and Salzman decode legal rules about ownership much as Freakonomics decodes economics and psychological rules of incentives. * Martha Minow, Former Dean, Harvard Law School *Wonderful * Forbes *Enjoyable, well-written and with a deftness of touch that belies the radical re-examination of property rights at its heart. * Financial Times *Table of Contents0: Introduction: Who Gets What and Why 1: First Come, Last Served 2: Possession Is One-Tenth of the Law 3: I Reap What You Sow 4: My Home Is Not My Castle 5: Our Bodies, Not Our Selves 6: The Meek Shall Inherit Very Little 7: The Future of Ownership-and the World 8: Epilogue: The Toddler's Rules of Ownership

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Book SynopsisConceptualising 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, Yaëll 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. In this comparative analysis, specific parallels are drawn between the common law and civil law in their treatment of historical property models, possession, ownership, private property limits, objects of property, fragmentation and modifications to property, and trusts. This integrated approach to common law and civil law property draws examples from multiple jurisdictions, including England, Scotland, Canada, Quebec, First Nations, France, and Germany.Private, transsystemic, and comparative law scholars and students, especially property law scholars will be interested in the book's approach to property law and its analysis of the theoretical foundations and conceptions of property and ownership in the common law and civil law traditions. It will also be informative for property law practitioners.Trade Review‘The predominant theme that emerges from this impressively learned, eight chapter study is one of convergence. Emerich repeatedly reveals that property actually functions in remarkably similar ways in the civil law and common law traditions despite different historical origins and doctrinal labels. Emerich’s interest in - and discovery of - this striking commonality originates in her commitment to 'transsystemia,' an approach to teaching and understanding law that grew out of Quebec’s fertile bilingual, bijural mixed jurisdiction.Many diverse readers will benefit from Emerich’s work. Lawyers, judges and traditional doctrinal property law scholars in the largest civil law and common law systems will learn much from Emerich’s careful study simply because of its clear, incisive description of so much law. Readers in other mixed jurisdictions, such as Louisiana, Scotland and South Africa, will find the portions of Emerich’s book that detail the choices Quebec has made in creating its property law system particularly intriguing. Property theorists will also find Emerich’s book rewarding as it points to a number of deep, cross-jurisdictional patterns in the structure of property law.’ -- John A Lovett, Journal of Civil Law StudiesTable of ContentsContents: Introduction 1. Historical Approach to Property 2. Origins of Title: Possession and its Effects 3. In Search of Private Property: Between the Civil Law and the Common Law 4. Limitations to Private Property 5. Objects of Property Rights 6. Fragmentation and Modifications to Property 7. Trusts and Fiducia Conclusion Bibliography Index

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Book SynopsisAdvocating a style of law and a role for legal agency which returns to its essential humanist ideology and represents public spiritedness, this unique book confronts the myths surrounding globalisation, advancing the role for law as a change agent unburdened from its current market functionality.Mark Findlay argues that law has a new and urgent relevance to confront the absence of resilience in self-determined market places, and to make coherent the anarchic forces which are running, and ruining the world. The inevitability of law's re-invention during global crises is considered, offering a critical evaluation of the future of legal agency, service delivery and access to justice. Chapters also engage with citizen-centric surveillance society to examine the dangers to personal data, individual integrity, and work-life quality from unregulated mass data sharing.Exciting and thought-provoking, this book will be critical reading for scholars and students in law, economics and governance interested in globalisation and crises, such as pandemics, as well as populist politics and anxiety governance.Table of ContentsContents: Preface – utopian myths and a dystopian present 1. Globalisation as crisis 2. Reclaiming globalisation: utopia and dystopia? 3. Anxiety governance 4. Regulating the market/social and legal agency 5. Law as commodity 6. Future lawyers or robots with big data? 7. Revaluing labour? – secondary data imperialism in platform economies 8. Thoughts for a future? Bibliography Index

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Book SynopsisThis timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law.An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.Trade Review‘Where is property headed, as a concept and an institution? The Changing Role of Property Law offers a wealth of illuminating perspectives on property’s trajectory, from historical evolutions to new innovations. This fascinating book reveals the complex dynamism at the heart of a field often typecast as inertial.’ -- Lee Fennell, University of Chicago Law School, USTable of ContentsContents: The changing role of property rights: an introduction 1 Ernst Nordtveit 1 The plasticity of property: legal transitions between property rights regimes for different resources 14 Richard A. Epstein 2 The persistence of colonial property rights to land, economic implications and institutional efficiency 54 Eric C. Edwards, Martin Fiszbein and Gary D. Libecap 3 The role of innovation in the globalization of property law 81 Amnon Lehavi 4 Mediated property: money, corporate shares, and property analogues 103 Erich Schanze 5 Because property became contract: understanding the American nonprobate revolution 115 John H. Langbein 6 Digital ownership of blockchain tokens: a comparative law guideline 130 Sebastian Omlor 7 Intellectual property and the concept of property rights 149 Ole-Andreas Rognstad 8 Intellectual property rights and democracy 161 Eva Inés Obergfell and Katharina Theresia Fink 9 Property in families and the inheritance context 186 Anatol Dutta 10 The organization of public registries: a comparative analysis 199 Benito Arruñada 11 (De-)constructing mortgages: reflections on accessoriness, properties of good mortgages and the development of new mortgage legislation for transition economies or even a future Euro-mortgage (‘Eurohypothec’) 221 Hans Fredrik Marthinussen 12 Ancillary rights: servitudes 263 Roderick RM Paisley 13 Public property, economic efficiency and fair competition: a French and EU law paradoxical perspective 281 Bertrand du Marais Index

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Book SynopsisThis book represents a major innovation in the institutional analysis of cities and their planning, management and governance. Using concepts of transaction costs and property rights, the work shows systematically how urban order evolves as individuals co-operate in cities for mutual gain. Five kinds of urban order are examined, arising as co-operating individuals seek to reduce the costs of transacting with each other. These are organisational order (combinations of property rights), institutional order (rules and sanctions), proprietary order (fragmentation of property rights), spatial order and public domain order. Property Rights, Planning and Markets also offers an institutional interpretation of urban planning and management that challenges both the view that planning inevitably conflicts with freedom of contract and the view that its function is a means of correcting market failures. Real life examples from countries and regions around the world are used to illustrate the universal relevance of theoretical generalisations, which will be welcomed by a new generation of policymakers and students who take on a world view that goes beyond national boundaries.Trade Review'This is an important book. The authors in effect offer a positive theory of planning and urbanisation. As such, Webster and Lai's model, based on institutional economics, is a vast improvement on some equally ambitious predecessors. The book's insights and clarity make it a must reading for anyone seeking better understanding of how cities evolve as they do, and why planning is an integral part of their evolution.' -- Ernest Alexander, University of Wisconsin, Milwaukee, US'A truly remarkable achievement.' -- Mark Pennington, Kings College, London, UK'Chris Webster and Lawrence Lai have created a coherent and insightful integration of concepts such as property rights, organizations, competition, incentives, transaction costs, public goods, and externalities, which will help theorists and urban practitioners analyze and manage city goods and services. An important insight of the authors is the recognition of the interdependencies of people in a neighborhood, which can be efficiently handled with shares in the property value of the neighborhood. There is a constant question of how much markets and how much government should be involved in urban matters, and the authors provide a reasoned, balanced approach which recognizes the vital role of government while appreciating the effectiveness of markets and decentralized decision making, including private institutions or 'clubs' such as homeowners' associations. Their position that governments and markets co-evolve and complement one another is sound, and their conclusions regarding the need to provide clear property rights and efficient rules provide us with theoretical tools to better understand how cities can be improved while being wary of the 'allure of utopia".' -- Fred Foldvary, Santa Clara University, California, US'This is a really important contribution to the planning literature. Beautifully written and clearly structured, it explains the complex relationship between "planning" and "markets" using the economic perspective of transaction cost theory and the "new-institutionalism". This provides a robust way of addressing the old "economic and planning" agenda, which the authors illustrate with references to cases and situations from across the world. Informative and stimulating, this should be included in every planning theory course, and will be helpful to all trying to re-think old debates about planning and markets.' -- Patsy Healey, Newcastle University, UKTable of ContentsContents: Foreword by Yoram Barzel 1. Introduction 2. The Benefits and Costs of Co-operating in Cities 3. Organisational, Institutional and Proprietary Order 4. Spatial Order 5. Public Domain Order 6. Public Domain Order – Public Goods 7. Public Domain Order – Externalities 8. Conclusion Bibliography Index

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Book SynopsisThis book comprises a collection of papers given at the third biennial conference of the Centre for Property Law at the University of Reading held in March 2000,and is the first in the series 'Modern Studies in Property Law'. The Reading conference is becoming well-known as a unique opportunity for property lawyers to meet and confer both formally and informally; this volume marks a new development, being a refereed and revised selection of the papers given there. Speakers from around the world focus on issues of immediate importance ranging from human rights to electronic conveyancing, as well as timeless but ever-relevant subjects such as trusts, mortgages and the numerus clausus of property rights. As ever, a range of international topics are discussed, this time including land registration in the Nordic countries, and the re-privatisation of land in Eastern Europe.Table of ContentsPart 1 Issues for a new millennium: property in an electronic age, Charles Harpum; the proprietary character of possession, Jonathan Hill; the place of the equitable lien as a remedy, David Wright; trustee exclusion clauses - lost in the heather?, Peter Luxton; estoppel and reliance, Sarah Nield. Part 2 Human rights: of missiles and mice - property rights in the USA, Christine Willmore; property rights and wrongs - the frontiers of forfeiture, Gary Watt; who's afraid of the neighbours, Rod Edmunds and Teresa Sutton; the Human Rights Act 1998 - the "horizontal effect" on land law, Jean Jowell. Part 3 Mortgages: mortgage conditions - old law for a new century?, John Houghton and Lynne Livesey; consenting away proprietary rights, Martin Dixon; a word safe for mortgagees? registering a scintilla of doubt, Caroline Sawyer. Part 4 The law of landlord and tenant: towards a structure for the law of landlord and tenant, Peter Sparkes; charitable lettings and their legal pitfalls, Warren Barr. Part 5 Succession: perpetuating prejudice beyond the grave - testamentary conditions in restraint of religion, Sheena Grattan; lapse of legacies in Scots law, Ross MacDonald. Part 6 Comparative and international papers: Scots and South African property - problem transplants, D.L. Carey Miller; the numerus clausus of property rights, Andrea Fusaro; accession of moveables to land, Lars van Vliet; the public trustworthiness of land registers in the Nordic countries, Matti Ilmari Niemi; reforming property law in Eastern and Central Europe, Andrew Cartwright; reprivatisation of nationalised property in Poland, Piotr Stec.

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Book SynopsisThere is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rightsTrade ReviewProprietary Remedies in Context is a rewarding book, with much to offer. It has a healthy radical edge and it argues with care, conviction and high intelligence. A great deal is packed into the book, but the virtues of clarity and economy of expression are very evident. David Carey Miller Legal Studies May 2003Table of ContentsPart 1 Property and proprietary remedies: exploring the idea of remedial trusts - from remedy to property - the development of the trust, different uses of the constructive trust, the remedial/institutional dichotomy; redistribution and property rites - two conceptions of property, property in English legal thought, the influence of these understandings on the law of proprietary remedies, orthodox and redistributive proprietary remedies, reason and ritual in the law of proprietary remedies; the legacy of legal realism - instrumentalist approaches to property - property in American legal thought, instrumentalism in proprietary remedies in US law, instrumentalism in other common law jurisdictions, formalism and instrumentalism contrasted; the normative foundations of proprietary claims and remedies - considerations of justice and efficiency for giving owners relief against third parties, rights to profit, should these remedies be specific?, should these remedies have priority in bankruptcy?. Redistributive proprietary remedies: the metaphysics of tracing - substituted title and property rhetoric - analysing tracing, the metaphysics of tracing - the denial of the remedial nature of tracing in legal discourse, an explanation of tracing rhetoric - the reconciliation of tracing with axiomatic notions of property rights, the normative basis for substituted title, the consequences of tracing discourse for the substantive, some realism about tracing, conclusion; the proprietary consequences of a vitiated intention to transfer property - "an intolerable reproach to our system of jurisprudence"? - the possible legal responses to a vitiated consent to pass title, vitiated intent and equitable title - doctrinal responses, proprietary relief for vitiated transfers - relevant policy considerations; qualified consent to transfer property - the mysterious basis of the quistclose trust - conceptualising the quistclose trust, considerations of justice and efficiency; obligation into ownership - constructive trusts and liens in arrangements to assign property - the distribution of entitlements in sale of goods transactions, the passage of title in equity - constructive trusts and liens arising in the context of contracts of sale, conclusion; proprietary relief for enrichment by wrongs - the shifting boundary between ownership and obligation - proprietary relief for enrichment by wrongs - a normative analysis, Lister v. Stubs and the ownership/obligation distinction, deducing ownership from obligation - AG for Hong Kong v. Reid, proprietary relief for enrichment by wrongs in North American legal thought, conclusion - the limits and price of formalism; the division of assets on the breakdown of intimate relationships - the limits of private ordering - introduction, from contract to status - justifications for judicial intervention, the inadequacy of justifications offered for intervention in this area, the limits of the private ordering paradigm (Part Contents).

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Book SynopsisThis book comprises a collection of papers given at the fifth biennial conference of the Centre for Property Law at the University of Reading held in March 2004,and is the third in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume includes a refereed and revised selection of the papers given there. The papers thus cover a broad range of topics of immediate importance including: land registration, leasehold and commonhold, prescription and law and equity. A growing and popular aspect of the series is its coverage of property law matters worldwide; this volume includes essays on property law in developing countries, in South Africa, Canada, and Eastern Europe.Table of ContentsI - Keynote Address 1. Prescriptive Acquisition of Easements: Abolition or Reform? Stuart Bridge II - Land Registration 2. Forgery and Alteration of the Register under the Land Registration Act 2002 David Fox 3. Registration of Invalid Dispositions: Who Gets the Property? Pamela O’Connor 4. Toward an Ecologically Sustainable Property Concept Murray Raff III - Law and Equity 5. Personal Liability for Receipt of Trust Property: Allocating the Risks Gary Watt 6. Co-Owners and Equitable Accounting: A Comparative Commonwealth Analysis Heather Conway 7. Allcard v Skinner Revisited: Historical Perspectives on Undue Influence Charlotte Smith 8. Charges, Possession and Human Rights: A Reappraisal of S 87(1) of the Law of Property Act 1925 Sarah Nield 9. Re Goldcorp Exchange Ltd Revisited Paul Eden IV - Leaseholds and Commonholds 10. The Regulation of Long Residential Leases Martin Davey 11. Commonhold—A Critical Appraisal Cornie van der Merwe and Peter Smith V - Property in Europe 12. The Notion of Real Estate and Rights Pertaining to it in Selected Legal Systems Stanislawa Kalus and Magdalena Habdas 13. Reaching a Balance: Addressing Property Issues in Post-Conflict Societies Sarah Williams VI - Property Worldwide 14. Tensions of Modernity: Law in Developing Land Markets Patrick McAuslan 15. Formalisation of South African Communal Land Title and its Impact on Development Hanri Mostert and Juanita Pienaar 16. “Taking” Liberties: Protections for Private Property in Canada Bruce Ziff 17. Property Theory and the Transformation of Property Law Andre van der Walt

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Book SynopsisThis book is a collection of papers given at the sixth biennial conference at the University of Reading held in March 2006, and is the fourth in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.Table of ContentsI - Keynote Address 1. Reforming Housing Law: A Progress Report Martin Partington II - Law and Equity 2. Equitable Co-ownership: Proprietary Rights in Name Only? Martin Dixon 3. Why is the Law of Undue Influence so Hard to Understand and Apply? Graham Ferris 4. The Lie of the Land: Mortgage Law as Legal Fiction Gary Watt 5. Curbing the Enthusiasm of Finders Robin Hickey 6. Leases: Rethinking Possession against Vulnerable Groups Warren Barr 7. Reconciling Property Law and Social Security Law: Same Concepts, Different Meanings? Nicholas Hopkins and Emma Laurie III - Possession of Land 8. The Acquisition of Rights in Property by the Effluxion of Time Amy Goymour 9. An Adjudication Rule for Encroachment Disputes: Adverse Possession or a Building Encroachment Statute? Pamela O’Connor 10. de Soto Discovers the Prairies:Of Squatters and the Canadian West Bruce Ziff and Sean Ward IV - Property, Empire and Indigenous Title 11. Land Law and the Making of the British Empire Patrick McAuslan 12. Translating Native Title to Individual ‘Title’ in Australia: Are Real Property Forms and Indigenous Interests Reconcilable? Lee Godden and Maureen Tehan 13. Individual Title versus Collective Title in Australia: Reflections on the North American and New Zealand Experiences of Indigenous Title to Land M A Stephenson

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Book SynopsisThis book is a collection of papers given at the seventh biennial conference held at the University of Cambridge in March 2008, and is the fifth in the series Modern Studies in Property Law. The Property Law conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.Trade ReviewThis volume, with its great breadth of work from academics around the world, is thought-provoking and, I have no doubt, will encourage others to engage in their own research in their favoured area. This volume stands as a testament to the outstanding scholarship of its contributors Michael Walsh Kings Law Journal Volume 21, Issue 2Table of ContentsIntroduction I. A System of Land Law for the 21st Century 1. Responding to Fraud in Title Registration Systems: A Comparative Study Matthew Harding and Michael Bryan 2. The Versatility of State Indemnity Provisions Simon Cooper 3. Easements and Servitudes Created by Implied Grant, Implied Reservation or Prescription and Title-by-Registration Systems Fiona R Burns 4. Feudal Law: The Case for Reform Judith Bray II. Trusts and Equitable Remedies 5. Restrictions on Dispositions of Charity Property-Protection or Undue Burden? Jean Warburton 6. 'You Just Gotta Keep the Customer Satisfied': Where Stands the Beneficiary's Right to Information? Gerwyn Ll H Griffiths 7. Draftsmen and Suspicious Wills Roger Kerridge 8. Territorial Extremism in Awards of Specific Performance Professor Peter Sparkes III. Family Homes 9. Constructive Trusts and Constructing Intention Nick Piska 10. Bankrupt Husbands and the Application of the Doctrine of Exoneration in Australian Law: Moving into the 21st Century Justice Berna Collier 11. The Elderly, Their Homes and the Unconscionable Bargain Doctrine Lorna Fox O'Mahony and James Devenney IV. Different Conceptions of Property 12. Selling the Land: Should It Stop? A Case Study from the South Pacific Sue Farran 13. Ownership, Possession, Title and Transfer: Human Remains in Museum Collections Charlotte Woodhead 14. Protection of Cultural Property in Times of Armed Conflict: UK Ratification of the Hague Convention 1954 Sarah Williams and Jamie Glister 15. The Extension of Land Registration Principles to New Property Rights in Environmental Goods Pamela O'Connor V. The Nature of Property Rights 16. The Role of Expectation in the Determination of Proprietary Estoppel Remedies John Mee 17. Leases: Property, Contract or More? Jill Morgan 18. The Property Rights of Tribes Dr PG McHugh

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Book SynopsisPrivate property's form is crucial to contemporary debates in land use and environmental policy and management. For some, restrictions on private property are so severe as to threaten the very freedoms property is designed to protect. For others, the realities of life in the 21st century require property's reshaping. The re-emergence of private property as an issue of social conflict within US policy and politics is explored in this comprehensive volume. Private property is central to American character, culture and democracy. The founding fathers understood it as key to the liberties America was designed to foster. However, over the last 200 years what one owns has evolved; ownership is different now than for an owner 200, 100, even 50 years ago. Harvey Jacobs has brought together an interdisciplinary, politically divergent group of contributors to speculate on private property's future.The ownership and control of privately owned lands is critical for many fields. Scholars, students, and professionals of urban and regional planning, geography, law, natural resources, environment, real estate, and landscape architecture will all find this volume of great interest.Table of ContentsContents: Foreword 1. Introduction: Is all that is Solid Melting into Air? Part I: Philosophical, Legal and Economic Perspectives on Property Rights 2. Property Rights: Locke, Kant, Pierce and the Logic of Volitional Pragmatism 3. Charting the Constitutional Course of Private Property: Learning from the 20th Century 4. Why are Judges so Wary of Regulatory Takings? 5. Propriety Through Commodity? Why Have Legal Environmentalists Embraced Market-based Solutions? Part II: New Realizations of Property in the 21st Century? 6. Local Government as Private Property: Towards the Post-Modern Municipality 7. Property Without Community: The (Frequent) Consequence of Tax Exemptions for Non-profit Institutions 8. Property Rights in the 21st Century: Righting Past Wrongs Part III: Private Property in the 21st Century 9. The Future of an American Ideal Index

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Book SynopsisThis important volume gives a comprehensive overview of the economic foundations of private property law. Beginning with economic and philosophical accounts of the origins of property, the authoritative selection of articles traces the evolution of both private and common property, establishing how they coexist within a mature property rights system. Particular attention is directed towards the regulation of specific types of commons such as pastures, streets and fisheries. The study also examines the rules that govern the acquisition, protection and transfer of private property as part of a coherent system of property rights.Trade Review'. . . an important anthology that will interest and stimulate academics and students to think more theoretically and broadly about the resources that surround us.' -- Jacinta Ruru, New Zealand Law Journal'Property lies at the foundations of all economic organization. Property theory in the past thirty years has blossomed and yielded rich fruits for those seeking a deeper understanding of the relationship between law, economics and society. Much of this intellectual achievement is due to the restless curiosity, creativity and sheer firepower of Richard Epstein. His new collection of readings in the modern economic analysis of property gathers together seminal contributions to the art, drawn from a wide range of viewpoints, and offering many surprising perspectives. Epstein's magisterial survey essay that heads the collection itself gives new insights into how property institutions create systems of exclusion and governance across time and space, allowing separations and co-operations between individuals and so expanding the reach of human relationships and creativities. Critics of property institutions also find a place in this collection, pointing to the deformities and inequalities that can result from property powers. The twenty-two essays range across fields of urgent contemporary significance including commons regulation, environmental control, aboriginal titles, and intellectual property. Special mention must be made of Epstein's tongue-in-cheek study of allocation of car parking places in wintry Chicago, a metaphor for the inventiveness of human society in constructing new forms of property. This is no mundane collection of no-longer-read classics. It is a thesaurus of ideas that cannot be missed.' -- Joshua Getzler, University of Oxford, UKTable of ContentsContents: Acknowledgements Introduction Richard A. Epstein PART I PHILOSOPHICAL PRELIMINARIES 1. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’ 2. Frank I. Michelman (1982), ‘Ethics, Economics, and the Law of Property’ 3. J.W. Harris (1996), ‘Who Owns My Body’ PART II THE COMMONS 4. Peder Andersen (1983), ‘“On Rent of Fishing Grounds”: A Translation of Jens Warming’s 1911 Article, with an Introduction’ 5. Barry C. Field (1989), ‘The Evolution of Property Rights’ 6. Clifford G. Holderness (1989), ‘The Assignment of Rights, Entry Effects, and the Allocation of Resources’ 7. Robert C. Ellickson (1989), ‘A Hypothesis of Wealth-Maximizing Norms: Evidence from the Whaling Industry’ 8. Thráinn Eggertsson (1992), ‘Analyzing Institutional Successes and Failures: A Millennium of Common Mountain Pastures in Iceland’ 9. Henry E. Smith (2000), ‘Semicommon Property Rights and Scattering in the Open Fields’ 10. James M. Buchanan and Yong J. Yoon (2000), ‘Symmetric Tragedies: Commons and Anticommons’ 11. Gary D. Libecap and James L. Smith (2002), ‘The Economic Evolution of Petroleum Property Rights in the United States’ 12. Richard A. Epstein (2002), ‘The Allocation of the Commons: Parking on Public Roads’ PART III PRIVATE PROPERTY: ACQUISITION 13. Carol M. Rose (1985), ‘Possession as the Origin of Property’ 14. John Umbeck (1977), ‘The California Gold Rush: A Study of Emerging Property Rights’ 15. Robert C. Ellickson (1986), ‘Adverse Possession and Perpetuities Law: Two Dents in the Libertarian Model of Property Rights’ PART IV PRIVATE PROPERTY: PROTECTION 16. Thomas W. Merrill (1985), ‘Trespass, Nuisance, and the Costs of Determining Property Rights’ 17. Richard A. Epstein (1997), ‘A Clear View of The Cathedral: The Dominance of Property Rules’ 18. Elizabeth Brubaker (1998), ‘The Common Law and the Environment: The Canadian Experience’ PART V PRIVATE PROPERTY: DISPOSITION 19. Susan Rose-Ackerman (1985), ‘Inalienability and the Theory of Property Rights’ 20. Clifford G. Holderness (1985), ‘A Legal Foundation for Exchange’ 21. Bernard Rudden (1987), ‘Economic Theory v. Property Law: The Numerus Clausus Problem’ 22. Richard A. Epstein (1988), ‘Covenants and Constitutions’ Name Index

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Book SynopsisThe discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts’ decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.Trade Review'This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path - slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike.' -- Eric Posner, University of Chicago Law School, USTable of ContentsContents: 1. Introduction Boudewijn Bouckaert 2. Property Rights in Legal History Kim Hoofs 3. Property Rights: A Comparative View Sjef van Erp and Bram Akkermans 4. Private and Common Property Rights Elinor Ostrom and Charlotte Hess 5. Original Assignment of Private Property Boudewijn Bouckaert 6. Decomposition of Property Rights Jeffrey Evans Stake 7. Nuisance Timothy Swanson and Andreas Kontoleon 8. Adverse Possession Ben Depoorter 9. Title Systems and Recordation of Interests Boudewijn Bouckaert 10. The Economics of Slavery Jenny Wahl 11. New Forms of Private Property: Property Rights in Environmental Goods Daniel H. Cole 12. Security Interests, Creditors’ Priorities, and Bankruptcy James W. Bowers Index

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Book Synopsis'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'Mikhail Xifaras, Sciences Po Law School, FranceComparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. WalshTrade Review'As one of the latest titles in Elgar's Research Handbooks in Comparative Law series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.' --The Barrister'This excellent and wide-ranging book offers the best and most comprehensive comparative analysis of property law I have seen in years. The book covers a myriad of fascinating topics. It contains contributions from first-rate property scholars from all over the world and despite its breadth, it makes for a delightful read. The chapters of the books contain a plethora of new insights into the law and practice of property in different countries. Any reader will learn a tremendous deal from the book. Its chapters offer a rich discussion of assets, doctrines, institutions and legal systems. It is difficult to imagine such wealth of legal resources and knowledge in any other single source. The book is highly recommended to all readers.' --Gideon Parchomovsky, University of Pennsylvania'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism.' --Robert Ellickson, Yale Law SchoolTable of ContentsContents: Introduction Michele Graziadei and Lionel Smith PART I PERSPECTIVES FROM OTHER DISCIPLINES 1. Property in Prehistory Timothy Earle 2. The Anthropology of Property Bertram Turner PART II THE PRIVATE PROPERTY MODEL AND ITS GRAMMAR 3. Objects of Property Rights: Old and New Sabrina Praduroux 4. The Structure of Property Ownership and the Common Law/Civil Law Divide Michele Graziadei 5. The Numerus Clausus of Property Rights Bram Akkermans 6. The State of the Art of Comparative Research in the Area of Trusts Alexandra Braun 7. Transfer of Property Inter Vivos Lars van Vliet 8 Possession Yaëll Emerich PART III CONTESTED GLOBAL DIMENSIONS OF PROPERTY LAW 9. Comparative Constitutional Property Law André van der Walt and Rachael Walsh 10. Systems of Public Ownership Giorgio Resta 11. Access to Nature Filippo Valguarnera 12. Water Rights David B. Schorr 13. Land Law in the Age of Globalization and Land Grabbing Amnon Lehavi 14. China’s Changing Property Law Landscape Shitong Qiao and Frank K. Upham 15. Formalizing Property in Latin America Jorge L. Esquirol 16. Property and the Religious Sphere Roberta Aluffi and Domenico Francavilla 17. Cultural Property in International Law Francesco Francioni 18. The Land Rights of Indigenous Peoples Under International Law Federico Lenzerini 19. Indigenous Territorial Rights in the Common Law Kent McNeil 20. Community Rights to Forests in the Tropics Anne M. Larson, Iliana Monterroso, Mani Ram Banjade, Esther Mwangi 21. Customary Tenure: Remaking Property for the 21st Century Liz Alden Wily Index

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Book SynopsisThe Modern Studies in Property Law Conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. The eighth biennial conference was held at the University of Oxford in March 2010, and this book is the sixth in the series Modern Studies in Property Law. The volume is a refereed and revised selection of the papers given at the Oxford conference, covering a broad range of topics of contemporary importance, both nationally and internationally. The book includes chapters written by the key speakers at the conference: Lady Justice Arden, Professor Kevin Gray and Law Commissioner, Professor Elizabeth Cooke.Table of ContentsI: The 'Propertiness' of Property 1. Recreational Property Kevin Gray 2. Lighting the Way Ahead: The Use and Abuse of Property Rights Paul S Davies 3. Water Matters: A Study of Water-Related Problems in Property Law The Rt Hon Lady Justice Arden DBE 4. From Obligations to Proprietary Interests: A Critique of the Charging Orders System in England and Wales David Capper, Heather Conway and Lisa Glennon 5. Clash of the Titans: Article 8, Occupiers and Their Home Sarah Nield II: Doctrinal Development of Property Rights 6. The Rise and Fall of the Implied Periodic Tenancy Jill Morgan 7. A Longitudinal Analysis of the Mortgage Repossession Process 1995-2010: Stability, Regulation and Reform Lisa Whitehouse 8. Proprietary Estoppel, Promises and Mistaken Belief John Mee III: Easements, Covenants and Public Rights of Way: Scope and Reform 9. The Genetics of Appurtenant Interests Elizabeth Cooke 10. Framework for Land Obligations: What Can be Learnt from the Scots Law of Real Burdens? Lu Xu 11. The Consequences of Genetic Engineering: A Comment on Lu Xu's Chapter Elizabeth Cooke 12. Prescription and User 'As of Right': Ripe for Wholesale Reform? Rowena Meager IV: Land Registration 13. Morality and the Mirror: The Normative Limits of the 'Principles of Land Registration' Aruna Nair 14. Bijural Ambiguity and Values in Land Registration Systems Matthew Harding and Robin Hickey V: Theoretical Enquiries about Property 15. The Numerus Clausus Principle and Covenants Relating to Land Ben McFarlane 16. Conversion of Contractual Rights Amy Goymour 17. Intellectual Property and the Concept of Dematerialised Property Andreas Rahmatian

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Book SynopsisThis book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.Table of ContentsPART I: PROPERTY AND HOUSING 1. The Saga of Strasbourg and Social Housing Lord Walker of Gestingthorpe 2. Owning Part but Losing All: Using Human Rights to Protect Home Ownership Susan Bright, Nicholas Hopkins and Nicholas Macklam 3. The Big Society and Social Housing: Never the Twain Shall Meet? Warren Barr 4. Regulating Residential Tenancies in Ireland: Rights, Responsibilities and Enforcement Áine Ryall PART II: CHALLENGING PERCEPTIONS OF PROPERTY AND TRUSTS 5. Shapeless Trusts and Settlor Title Retention: An Asian Morality Play Adam S Hofri-Winogradow 6. Misplaced Trust: First Principles and the Conveyance of Legal Leases to Minors Leslie Turano-Taylor 7. The Community of Owners' Regulation of Common Property in Polish Condominium Schemes Magdalena Habdas 8. Collective Property: Owning and Sharing Residential Space Sarah Blandy 9. Earth under the Nails: The Extraordinary Return to the Land Sue Farran PART III: INTERSECTIONS BETWEEN PRIVATE PROPERTY, THE PUBLIC AND THE STATE 10. Towards an Understanding of Public Property John Page 11. The Sale of Items in Museum Collections Janet Ulph 12. Property as a Human Right: Another Casualty of the 'War on Terror'? Frankie McCarthy 13. The Evolving Relationship between Property and Participation in English Planning Law Rachael Walsh 14. The Rise of Property Rights: Implications for Urban Planning, Environmental Protection and Biodiversity Conservation in Australia Peter Williams PART IV: THE NATURE, CONTENT AND ACQUISITION OF PROPERTY 15. 'Persistent Rights' Appraised Simon Gardner 16. The Content of a Freehold: A 'Right to Use' Land? Simon Douglas 17. Property and Alienation: Rights, Obligations, Restraints Scott Grattan 18. Possession Taken by Theft and the Original Acquisition of Personal Property Rights Robin Hickey 19. The Prevalence of Private Takings Emma JL Waring

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Book SynopsisThis book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on ‘Property in the Information Age’, a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.Table of ContentsPart I: Law Reform and Property Law 1. Property in the Information Age SIR JOHN MUMMERY 2. A Golden Era? The Impact of the Scottish Law Commission on Property Law ANDREW JM STEVEN 3. Reforming the Law of Prescription: A Cautionary Tale from Ireland PROFESSOR JOHN MEE Part II: Property and Planning 4. Simplifying Planning Law: A More Radical Approach CHARLES MYNORS 5. Land: Balancing Competing Economic and Social Interests BARBARA BOGUSZ 6. Developers versus Protestors: Contractual Licensees and Possession Claims Post Dutton ADAM BAKER Part III: Property and Death 7. Do Parents Always Know Best? Posthumous Provision and Adult Children HEATHER CONWAY 8. Property of the Mentally Incapacitated: Statutory Wills in England and Australia FIONA BURNS 9. Testamentary Freedom: Mutual Wills Might Let You Down SIÔN HUDSON AND BRIAN SLOAN 10. Intestate Property Distribution at Death in the United States CARYL A YZENBAARD Part IV: Property and Ownership 11. Challenging ‘ Home ’ as a Concept in Modern Property Law: Lessons from the Supreme Court Post- Stack and Jones CHRIS BEVAN 12. Land Titling and Communal Property ALISON CLARKE 13. Subsurface Ownership: English or American Rules, Ok? JILL MORGAN 14. Temporal Pluralism: Voluntary Sector Property Partnerships CHRIS WILLMORE 15. Reflections on Formalities GRAHAM FERRIS 16. Constitutional Land Law: Mexfield and the 40-Shilling Freehold JUANITA ROCHE Part V: Property and Title 17. Registered Title and the Assurance of Reliability SIMON COOPER 18. Commonhold Developments in Practice LU XU 19. Practical Approaches to the Numerus Clausus of Land Rights: How Legal Professionals in South Africa and the Netherlands Deal with Certainty and Flexibility in Property Law HANRI MOSTERT AND LEON VERSTAPPEN

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Book SynopsisLeading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature.Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.Table of ContentsContents: Introduction Henry E. Smith 1. Property Rights, Land Settlement and Land Conflict on Frontiers: Evidence from Australia, Brazil and the US Lee J. Alston, Edwyna Harris and Bernardo Mueller 2. Commons, Anticommons, Semicommons Lee Anne Fennell 3. The Anticommons Lexicon Michael A. Heller 4. Private Property and Public Rights Thomas W. Merrill 5. Toward an Economic Theory of Property in Information Henry E. Smith 6. Unilateral Relinquishment of Property Lior Jacob Strahilevitz 7. Standardization in Property Law Henry E. Smith 8. Covenant Lite Lending, Liquidity, and Standardization of Financial Contracts Kenneth Ayotte and Patrick Bolton 9. The Personification and Property of Legal Entities George Triantis 10. Bankruptcy as Property Law Barry E. Adler 11. The Law and Economics of Marital Property Martin Zelder 12. Property Titling and Conveyancing Benito Arruñada 13. Land Demarcation Systems Gary D. Libecap and Dean Lueck 14. Servitudes Carol M. Rose 15. The Economics of Nuisance Law Keith N. Hylton 16. Acquiring Land Through Eminent Domain: Justifications, Limitations, and Alternatives Daniel B. Kelly 17. The Rest of Michelman 1967 William A. Fischel Index

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Book SynopsisProperty rights formalize the relationship between individuals and goods. They form the cornerstone of the pricing, supply and efficient allocation of scarce resources between individuals.The Economic Foundations of Property Rights is an outstanding collection of some of the most important work from the founders of the field, including James M. Buchanan, Douglass C. North, Richard Posner, Armen Alchian, Lord Peter Bauer and Karl Brunner. It addresses the development of property rights, the effects of property rights on the allocation of resources and the link between alternative property rights and the production of wealth. Specifically, the authors consider the issues of democracy, law, transaction costs, the economics of exchange and the valuation of assets. The discussion considers property rights in the context of developing countries and transition economies as well as developed market systems.This comprehensive new source book will be welcomed by economists, particularly those interested in law and economics, as well as political scientists and those interested in public choice theory.Table of ContentsContents: Preface Part I: Property Rights: Definition and Economic Significance Part II: How and Why do Property Rights Develop? Part III: The Economic Theory of Property Rights Part IV: Property Rights and Economic Performance Name Index

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Book SynopsisLocal Government Tax and Land Use Policies in the United States is an accessible, non-technical evaluation of the most recent economic thinking on the nexus between local land use and tax policies.In Part I, Helen Ladd provides a comprehensive summary of the extensive literature on the interaction of local land use and tax policies. She explores the theoretical controversies and clarifies issues such as the use of land use regulation as a fiscal tool, the effects of taxes on economic activity and the success of tax policies to promote economic development. In Parts II and III, a group of experts presents new research on important issues such as the impact of growth on tax burdens, metropolitan tax base sharing, the incidence of impact fees and the shift to land value taxation in urban areas. This book raises provocative questions concerning the conventional wisdom in fiscal policy. It will be indispensable for economists and students interested in urban issues and local public finance as well as planners and policymakers.Trade Review'An essential work on the important and perplexing interaction of local tax and land use policy.' -- R.A. Beauregard, ChoiceTable of ContentsContents: 1. Introduction (H.F. Ladd) Part I: Interactions between Tax and Land Policies Part II: Tax Policy as a Land Use Tool Part III: Fiscal and Distributional Impacts Index

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Book SynopsisCommon Good Law is the only book to deal with this neglected area of Scots property law. The second edition includes discussion of the important recent case of Portobello Park Action Group Association and of the changes made by the Community Empowerment (Scotland) Act 2015 and the Land Reform (Scotland) Act 2016.

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Book SynopsisWill Trusts and Equitable Property Rights, provides an in-depth and comprehensive coverage and analyses of the law relating to will trusts and equitable property rights, and is the third and final book completing the trilogy of practitioner books on wills by the leading expert on this area. The twenty-seven chapters of the book present an incisive view of the following material relating to the subject matter of the book: • The creation of trusts by wills by use of precedents • The creation of family will trusts by use of precedents • The creation of will trusts of land by use of precedents • Discretionary will trusts by use of precedents • The creation of charitable trusts by will • The exercise of powers by will trust • The modification of trusts in wills by equitable doctrinesTable of ContentsContent Includes PART ONE: WILL TRUSTS Chapter 1: The Creation of Trusts by Will Chapter 2: Family Will Trusts Chapter 3: Trusts of Land by Will Chapter 4: Discretionary Will Trusts Chapter 5: Charitable Will Trusts Chapter 6: Powers and Will Trusts Chapter 7: The Modification of Trusts by Equitable Doctrines Chapter 8: The Rule Against Double Portions Chapter 9: Equitable and Statutory Advancements PART TWO: EXECUTORS AND TRUSTEES OF WILL TRUSTS Chapter 10: Executors and Trustees of Will Trusts Chapter 11: Beneficiaries of Will Trusts Chapter 12: The Removal of Executors and Trustees Chapter 13: The Liability of Executors, Trustees and Solicitors PART THREE EQUITABLE PROPERTY RIGHTS Chapter 14: Snell’s Principles Chapter 15: The Acquisition of Equitable Property Rights by Re-Formulated Proprietary and Promissory Estoppel Chapter 16: The Concept of Remedial Constructive Trust Chapter 17: The Acquisition of Equitable Property Rights by Constructive Trusts Chapter 18: The Creation of Property Rights by Donationes Mortis Causa Chapter 19: The Creation of Equitable Property Rights by Secret and Half-Secret Trusts Chapter 20: The Creation of Contractual and Equitable Rights by Joint Bank Accounts PART FOUR: ACTIONS INVOLVING WILL TRUSTS AND EQUITABLE PROPERTY RIGHTS Chapter 21: Actions Involving Trusts and Wills Chapter 22: The Construction of Will Trusts Chapter 23: Actions for Breach of Trust Chapter 24: Actions Involving Equitable Property Rights Chapter 25: Actions in the Circuit Court Chapter 26: Interpretative Sources of Legal Practice

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisThis open access book presents a legal geography of property rights in land through the lenses of landscape and critical spatial justice. It seeks to reassert the importance of landscape and place in property as an alternative to abstract concepts of property which dominate contemporary thinking. It investigates property’s origins and uptake in the common law through the lenses of landscape and spatial justice, providing a genealogy of property, from its early origins in pre-feudal Scandinavia to its development as a cornerstone concept in English common law. It offers a new perspective and analytical tools to reconsider many accepted approaches to land in the law today. This book also contributes both to the decolonization of property law and critiques of property’s unsustainability, as well as the examination of the role of law itself in facilitating large scale land changes that destroy place, and the ramifications of this process. As such, it should be of interest to inter-disciplinary scholars working in the socio-legal, environmental and property law fieldsTable of Contents1. Introduction: A Legal Geography of Property Rights in Land.- 2. Placing Property in the Landscape.- 3. Locke and the Homogenisation of the Landscape.- 4. Blackstone and the Externalisation of Landscape.- 5. Marx and the Dephysicalisation of the Landscape.- 6. Extinguishing Landscape, Creating Property: Property and Spatial Injustice.- 7. Progressive Property: A Spatially Just Approach to Property?.- 8. Conclusion: Property’s Placelessness.

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Book SynopsisInge Kroppenberg nimmt die gestiegene Bedeutung der Testierfreiheit in der "Erbengesellschaft" zum Anlass, die dogmatischen Konturen der Gestaltungsbefugnis von Todes wegen herauszuarbeiten. Ihre Untersuchung trägt in dreierlei Hinsicht zu einem neuen Verständnis bei: erstens, indem sie die Testierfreiheit als zivilrechtliches Prinzip vor einer zu stark verfassungsrechtlich geprägten Anschauung in Schutz nimmt. Die Gestaltungsbefugnis von Todes wegen wird in der verfassungsgerichtlichen Rechtsprechung als Verfügungsbefugnis über den Tod hinaus beschrieben. Damit erscheint sie als Fortsetzung des Rechts der Lebenden mit anderen rechtsgeschäftlichen Mitteln und wird zudem mit der Vorstellung eines "Leistungseigentums" verknüpft. Es zeigt sich des Weiteren, dass an die Gestaltungsbefugnis von Todes wegen Strukturmerkmale heran getragen werden, die aus dem Recht der Lebenden stammen, im Erbrecht aber Fremdkörper sind. Das gilt zum einen für den erbrechtlichen Typenzwang, der in Anlehnung an den sachenrechtlichen konzipiert wird. Es gilt aber vor allem für die Anleihen, die beim lebzeitigen Vertragsparadigma gemacht werden und die diachrone Struktur des erbrechtlichen Rechtsgeschäfts außer Acht lassen.Drittens ist es der Autorin um ein genuin rechtsgeschäftliches Verständnis der Testierfreiheit zu tun. Das klingt selbstverständlich, ist es aber nicht. So behaupten familienerbrechtliche Deutungen der Gestaltungsbefugnis von Todes wegen einen Leitbildcharakter der gesetzlichen für die rechtsgeschäftliche Erbfolge. Ihre Interpretation als besonderes Persönlichkeitsrecht des Erblassers zur Todesverarbeitung verengt schließlich den privatrechtlichen Freiheitsraum von Todes wegen inhaltlich auf eine Reflexion über Mortalität.

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Book SynopsisDas deutsche Erbrecht ermöglicht es grundsätzlich jedem, sein Erbe nach eigenen Vorstellungen zu gestalten. Andrea Issad untersucht, ob und inwieweit muslimische Erblasser die Testierfreiheit nutzen können, um ihren Nachlass nach den traditionellen erbrechtlichen Vorschriften der Scharia zu verteilen. Sie arbeitet die verfassungsrechtlichen Rahmenbedingungen sowie die Strukturmerkmale des Erbgeschehens heraus. Aus der Funktion der Sittenwidrigkeitskontrolle entwickelt sie Kriterien zur Beurteilung von Testamenten allgemein sowie von islamisch inspirierten Verfügungen von Todes wegen.Die Arbeit reiht sich damit ein in die Diskussion zur Behandlung von Islam und Muslimen in Deutschland sowie allgemeiner zur Privatautonomie von Todes wegen und der Balance von Freiheit und Gleichheit im Privatrecht.

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Book SynopsisDas BGB anerkennt in weitem Umfang den gutgläubigen Pfandrechtserwerb. Gegenüber dem (gutgläubigen) Pfandgläubiger sind dem betroffenen Eigentümer die Hände gebunden. Umso dringender werden für ihn Ansprüche gegenüber dem nichtberechtigten Verpfänder. In § 816 Abs. 1 BGB perpetuiert das Gesetz sogar einen unmittelbar einschlägigen Ausgleichsanspruch. Auch Ansprüche aus dem Eigentum (§§ 989, 990, 987 BGB) und Geschäftsanmaßung (§ 687 II BGB) kommen in Betracht. Doch der genaue Anspruchsinhalt lässt sich während der Latenzphase, in der eine künftige Verwertung des Pfandrechts noch ungewiss ist, kaum bestimmen. Rückblickend ging der Gesetzgeber überraschend unreflektiert vor. Überhaupt sind die Folgen der Verpfändung einer fremden Sache erstaunlich unerforscht. Einschlägige Rechtsprechung findet sich kaum. Die Wissenschaft hat sich bisher nur selten mit der Problematik befasst.

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Book SynopsisDie gegenwärtige Entwicklung von Neurotechnologien für den Verbrauchermarkt wird die Untersuchung des menschlichen Gehirns einer Vielzahl an Personen in natürlicher Umgebung ermöglichen. Die damit einhergehende systematische und umfangreiche Erhebung der Gehirnaktivität und die algorithmische Auswertung durch Methoden der Künstlichen Intelligenz werden das Verständnis über das Gehirn und die zugrunde liegenden neuronalen Mechanismen revolutionieren.In ihrer Untersuchung zeigt die Autorin unter Rückgriff auf neurowissenschaftliche, rechtsphilosophische und ökonomische Erkenntnisse auf, welchen Wissensvorsprung Vertragsparteien durch die Erhebung von Gehirndaten generieren können und welche Risiken für die (Privat-)Autonomie von Akteuren drohen. Die durch "Big Brain Data" entstehenden rechtlichen Implikationen analysiert sie anhand des Bürgerlichen Rechts, des Datenschutz-, Verbraucher- und Lauterkeitsrechts.

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Book Synopsis

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Book Synopsis

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Book Synopsis

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