Property law: general Books
Skyhorse Publishing Nowhere to Live
Book Synopsis
£21.98
Bloomsbury Publishing PLC The Law of Property Damage
Book SynopsisThe only practitioner’s guide to the law of property damage, it is a “must have” for anyone practising in property damage claims. This text provides comprehensive, up-to-date analysis of the legal principles and practical concerns in fire, gas, natural hazards, escape of water, subsidence, party walls and pollution claims and excellent, learned examination of claims under the Defective Premises Act and the Consumer Protection Act. The book cements its unique utility by analysing, over three additional and separate chapters, the general principles of contract law, tortious liability and insurance law as they relate and are relevant to property damage claims. This allows practitioners, judges, academics and students to easily and efficiently come to grips with the idiosyncrasies of property damage law but also to understand how the general principles of contract, tort and insurance law relate and interact with property damage claims. Written as a handbook for practitioners, it also offers practical, user-friendly guidance for conducting property damage litigation. This title is included in Bloomsbury Professional's Property and Land Law online service.
£213.75
Bloomsbury Publishing PLC Ashton & Reid on Clubs and Associations
Book SynopsisThe diversity and complexity of the legal issues that can arise in the course of the activities of a club, society or association present numerous questions for those advising and managing those bodies for which they need guidance. Problems range from the interpretation of rules to anti-discrimination legislation. Legal issues can span alcohol licensing, charities, company law, employment law, expulsion procedures, litigation, meetings, promotion of lotteries, property law and taxation. This is the definitive guide to the legal framework within which clubs, societies and associations operate, bringing together the various strands of law (including new case law and recent legislation) to provide practical legal advice for these bodies, their advisers and officers. The work includes a full set of model rules as well as other useful material in the appendices.Trade Review… the initial ‘go to’ book available to any member of a club, or indeed a third party, seeking guidance and advice about the law relating to the management and administration of a club, as well as a valuable reference book for any professional practitioner advising on this area of the law. * Gordon Nurse MA (Cantab) Middle Temple, Barrister, Deputy Chancery Master of the High Court of Justice, Radcliffe Chambers, London *the authors provide an excellent treatment of the ways in which a club may participate in societal interactions, including a club's civil liability. Mention should also be made of the useful appendices, containing statutes and precedents...I recommend this book to any solicitor dealing with clubs or unincorporated associations, including charities * Solicitors Journal (review of previous edition) *Table of ContentsPart 1: The Formation and Dissolution of a Club Chapter 1 Formation of the Club Chapter 2 The Club’s Constitution or Rules Chapter 3 Dissolution of the Club Part 2: Internal Relationships: The Club and its Members Chapter 4 Admission into the Club Chapter 5 Management of the Club’s Affairs Chapter 6 Meetings of Club Members Chapter 7 Cessation and Curtailment of Club Membership Chapter 8 Ownership of the Club’s Property Chapter 9 Supply and Sale of Alcohol by the Club Chapter 10 Supply and Sale of Food by the Club Chapter 11 Entertainment Provided by the Club Chapter 12 Gaming and Lotteries Run by the Club Part 3: External Relationships: The Club and Third Parties Chapter 13 The Club’s Civil Liability to Third Parties Chapter 14 Third Party Challenges to the Club’s Decisions Chapter 15 Landlord and Tenant Relationships Involving the Club Chapter 16 The Club’s Employment of Third Parties Chapter 17 The Club’s Liability for Tax and Business Rates Chapter 18 The Club’s Responsibility for Crime Part 4: Clubs as Parties in Civil Proceedings Chapter 19 The Club’s Involvement in Civil Proceedings Appendices A Literary and Scientific Institutions Act 1854, sections 18 to 33 B Shop Clubs Act 1902, Schedule C Licensing Act 1964, Schedule 7 D Friendly Societies Act 1974, Schedule 2 E Co-operative and Community Benefit Societies Act 2014, section 14 F Corporate Insolvency and Governance Act 2020, Schedule 14 G Model Articles 2008 for private companies limited by shares H Model Articles 2008 for private companies limited by guarantee I Model Articles for a community interest company limited by guarantee J Constitution of a charitable incorporated organisation, ‘Association’ model K Model full set of rules for an unincorporated members’ club (Basset Sports Club) L Model short-form set of rules for an unincorporated members’ club (Bassetshire Hockey Umpires Association) M Specimen notice and agenda for an AGM (Basset Historical Society) N Specimen minutes of a committee meeting (Basset Borough Council Standards Committee)
£128.25
Bloomsbury Publishing PLC The Law of Compulsory Purchase
Book SynopsisSetting out the practice, procedure, policy and compensation provisions applying to a compulsory purchase, this new edition is updated to include all relevant case law, legislation, policy and guidance since the third edition, including: - the Upper Tribunal (Lands Chamber) Practice Directions, October 2020 - the implementation of the Neighbourhood Planning Act 2017 - changes in secondary legislation (including the Tribunal procedure rules) - changes in policy and guidance (especially the guidance for Wales and the Tribunal practice directions) It enables you to: -find clear statements of the law and practice on all points that relate to compulsory purchase and compensation -understand the detailed analysis necessary to grapple with tricky points encountered in practice -access cross-references to legislation, key case law and guidance, easily As it simplifies what can be simplified and explains with clarity any difficult areas, it is the one guide you need to help you access and assimilate all the statutes, of varying antiquity and judicial decisions, that relate to compulsory purchase and compensation. It describes the law, practice, procedure, policy and compensation for a compulsory purchase, and provides a summarised statement of the law, complete with footnotes to enable you to access further information. It also includes a full explanation of the scope of powers to acquire land compulsorily and the exercise of the powers and principles of compensation. This title is included in Bloomsbury Professional's Local Government Law online service.Table of ContentsIntroduction; Chapter 1: Powers of compulsory purchase; Chapter 2: Compulsory purchase orders and procedure; Chapter 3: Implementation of compulsory purchase; Chapter 4: Compensation for compulsory purchase; Chapter 5: Compensation where no land taken; Chapter 5: Compensation for decisions, controls and works; Chapter 6: Determination and recovery of compensation.
£166.25
Bloomsbury Publishing PLC Adverse Possession Second Edition and First
Book Synopsis
£237.50
Rowman & Littlefield Property and the Pursuit of Happiness: Locke, the
Book SynopsisProperty and the Pursuit of Happiness presents an account of the crucial role the right to property understood in the comprehensive sense as the right that included every other right played in the American founding. This right was understood by the founders as the “pursuit of happiness,” which Edward J. Erler argues was considered to be both a natural right and a moral obligation. This book examines the works of John Locke, the English philosopher who had a profound influence on the American founding.Trade ReviewFor the past forty years, Professor Edward Erler, has produced some of the finest legal commentary on constitutional law. He remains, perhaps, the most original, insightful, and provocative scholar of the American Constitution. His new book, Property and the Pursuit of Happiness; Locke, The Declaration of Independence, Madison and the Challenge of the Administrative State, shows why this is so. His insight into the Constitution is informed not merely by an understanding of the law, the judiciary, or the Constitution, but by an understanding of the theoretical and political conditions required in the defense of freedom and self-government. In elaborating the importance of property, as essential to the protection of rights, he reveals the absolute necessity of limited government constitutionalism as indispensable for the preservation of both. -- John Marini, University of Nevada, RenoEdward Erler has written the most remarkable book by any student of Harry Jaffa, which also means most likely by any student of Leo Strauss. Property and the Pursuit of Happiness explores the political and the philosophic meaning of both its key terms in America. He transcends dichotomies such as “ancients and moderns” to present the abiding heart of America’s logos in its ousia. Erler’s treatise smashes lame scholarship and noxious doctrines about Aristotle, Locke, Madison, Jefferson, Lincoln, the Supreme Court, Reconstruction, and the administrative state, and against them restores the principles of the West in the theological-political problem. Every serious citizen and scholar must come to terms with this profound and spirited examination of American politics. -- Ken Masugi, Center for Advanced Governmental Studies, Johns Hopkins University“What was unique about the American Revolution,” Ed Erler contends, “was that for the first time in history, a nation was founded dedicated to a universal principle—the principle that `all men are created equal.’” What is unique about Ed Erlers’s penetrating book is that it takes the Declaration’s truths seriously and elucidates how they provide the grounds for the Founders’ constitutionalism. Exploring some of political philosophy’s deepest themes—including natural rights, natural law, and the relationship between reason and revelation—Erler explains how the Founders held the protection of property rights to be the central idea animating their design for limited government and why its abandonment by influential 20th century progressives poses an existential threat to liberty and the pursuit of happiness for all Americans today. -- Vincent Munoz, Associate Professor of Political Science at University of Notre Dame
£45.77
Aspen Publishing Integrating Spaces: Property Law and Social
Book Synopsis
£106.20
Aspen Publishing Property Law: Rules, Policies, and Practices
Book Synopsis
£310.50
Paragon House Publishers Olivia's Story: The Conspiracy of Heroes Behind
Book Synopsis
£18.95
Island Press Protecting the Land: Conservation Easements Past,
Book Synopsis
£55.28
School of Government Eminent Domain and Local Government in North
Book Synopsis
£30.95
Lawbook Exchange, Ltd. Von Savigny's Treatise on Possession: Or the Jus Possessionis of the Civil Law. Sixth Edition.Translated from the German by Sir Erskine Perry (1848)
£29.95
Nova Science Publishers Inc Public Lands: Use & Misuse
Book Synopsis
£103.49
Nova Science Publishers Inc Mortgages: Fundamentals, Issues & Perspectives
Book SynopsisA mortgage represents a loan or lien on a property/house that has to be paid over a specified period of time. Mortgages come in many different shapes and sizes, each with its own advantages and disadvantages, terminology and vested interests. Mortgages represent one of the most (if not the most) significant investment decisions most individuals will make in their lifetimes. This new book presents invaluable information on some of the primary types of mortgages as well as FAQ and future trends in the industry.
£63.74
West Academic Publishing High Court Case Summaries, Property (Keyed to
Book SynopsisDukeminier's High Court Case Summaries on Property, 8th contain well-prepared briefs for each major case in Dukeminier's casebook on Property. High Court briefs are written to present the essential facts, issue, decision and rationale for each case in a clear, concise manner. While prepared briefs can never substitute for the insight gained by actually reading a case, these briefs will help readers to identify, understand, and absorb the core ""take away"" knowledge from each case. Moreover, these briefs are followed by a useful legal analysis, which provides extra tips and contextual background about each case, connecting the case to the broader concepts being developed throughout the casebook. This book also supplies case vocabulary, which defines new or unusual legal words found throughout the cases. Finally, to enhance the reader's recall, there is a corresponding memory graphic for each brief that portrays an entertaining visual representation of the relevant facts or law of the case.
£44.20
Nova Science Publishers Inc Federal Real Property: Analyses of Key Issues
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£131.19
Nova Science Publishers Inc Eminent Domain: Uses, Effects, & Civil Rights
Book Synopsis
£131.19
American Bar Association The 1040 Handbook: A Guide to Income and Asset
Book SynopsisThis one-of-a-kind resource explains how to use the 1040 return as a discovery tool in divorce cases -- in practice, not theory. Showing where to start a review of an individual's return and how to discover cash flow, the existence of assets and other valuables, The 1040 Handbook provides practical assistance for drafting a detailed and effective discovery plan for assets and income, personal as well as business. Using a hypothetical couple's 2020 tax return, The 1040 Handbook provides a line-by-line analysis of the federal tax form and its schedules to suggest appropriate areas of inquiry. Author Jack Zuckerman shows what each line reveals about a couple's assets and the income, and notes the clues that should be followed up on, the red flags to watch for, and the indications that additional key documents exist and should be obtained. It also discusses the important facts to gather during the initial client consultation and how the 1040 form can be used to: Draft a tentative list of assets Identify appropriate areas of inquiry Ask the appropriate questions Develop a list of additional documents to obtain Individual chapters cover the 1040's most commonly used schedules and forms, providing a clearly written discussion of each along with a sample form. In addition, this book offers a wealth of information on: Identifying income and assets Recognizing assets disguised as deductions Tip-offs to predivorce movement of assets Business expenses that could be considered income Deductions and assets that may be future tax liabilities IRAs and Keogh accounts And much more!
£82.93
American Bar Association The Law of Commercial Surety and Miscellaneous
Book SynopsisUpdated and expanded, The Law of Commercial Surety and Miscellaneous Bonds provides a more comprehensive analysis of the law relating to commercial and miscellaneous bonds. The book's twenty chapters address the various types of commercial surety and miscellaneous bonds, including their basic nature and purpose, what they cover, who is entitled to coverage under such bonds, and sureties' defenses to claims under such bonds. Each chapter covers a different type of commercial surety or miscellaneous bond. In addition, the book devotes an entire chapter to the commercial surety's collateral in a principal's bankruptcy case. In order to facilitate the use of this book as a reference source, a detailed table of contents sets forth the various topics addressed by each chapter. This book is an indispensable reference tool for experienced and entry level claim professionals and practitioners, as well as for general practitioners who can use this publication as an initial source from which to learn this complex area of law.
£156.70
American Bar Association The Commercial Office Lease Handbook, Second
Book Synopsis
£132.02
American Bar Association The Fraudulent Transfer of Wealth: Unwound and
Book SynopsisModern fraudulent transfer law dates back to the Roman era, however, fraudulent transfer law in the U.S. closely reflects the law developed in England and the Statute of 13 Elizabeth. This unique guide tracks the historical development of this ancient creditors' rights law, as well as addresses and warns against fraudulent wealth transfer. Wealth transfer planning is a legitimate service if done properly. However, it is important for all parties impacted by the transfer of wealth to understand the scope and application of fraudulent transfer law. This book discusses the factors involved with the fraudulent transfer of wealth and outlines steps that planners can take to minimize a transaction's exposure to avoidance. Proactive measures that creditors can take to reduce the chance of losing assets or legal measures to restore the creditor are discussed. Real-life scenarios are included to show where advisers face liability for their role in facilitating the transfer of wealth meant to frustrate a creditor's claim. Today, the transfer of wealth can still be challenged successfully using centuries' old fraudulent conveyance law. This book includes an extensive listing of case law that provides ample opportunity for creditors to analyze new strategies by analogy to old tricks. This book will guide wealth transfer planners to plan for their clients successfully, while navigating complex fraudulent transfer laws to ensure the effective transfer of wealth.
£75.82
States Academic Press Understanding Property Law
Book Synopsis
£108.11
American Bar Association Global Financial Collateral: A Guide to Security
Book SynopsisRecognizing a need for a legal guide on the choice-of-law complexities and substantive similarities and differences involved in international secured transactions in financial collateral, members of the UCC Committee’s International Law Subcommittee developed a fact pattern and questionnaire that lawyers from G-20 countries, offshore jurisdictions and other countries in Latin America, Europe and Asia completed. This questionnaire provided a common framework through which variations among jurisdictions could be readily identified, thus facilitating cross-border analysis. In one single volume, the scope of the project includes more than 40 jurisdictions worldwide. Peer reviewed by leading experts, this guidebook is a valuable resource for lawyers working on cross-border secured transactions involving common types of financial collateral: directly held certificated securities; directly held uncertificated securities; securities accounts (and securities credited to them); and deposit accounts. The book dedicates a chapter to each jurisdiction that is surveyed to provide general guidance when negotiating such a secured transaction in that jurisdiction. Carefully edited to enhance comparison, the guide aims to assist lawyers in framing their choice-of-law analysis and helping them to gain insight into the substantive law complexities that can arise in transactions with this type of collateral.
£159.09
Lexington Books Animal Ethics and Animal Law
Book SynopsisAnimal law is a growing discipline, as is animal ethics. In this wide-ranging book, scholars from around the world address the intersections between the two. Specifically, this collection focuses on pressing moral issues and how law can protect animals from cruelty and abuse. A project of the Oxford Centre for Animal Ethics, the book is edited by the Oxford Centre’s directors, Andrew Linzey and Clair Linzey, and features contributions from many of its fellows. Divided into three sections, the work explores historical perspectives and ethical–legal issues such as “personhood” and “property” before focusing on five practical case studies. The volume introduces readers to the interweaving between these subjects and should act as a spur to further interdisciplinary work.Table of ContentsIntroduction: Law, Ethics, and the Special Status of AnimalsBy Andrew Linzey and Clair LinzeyPart I: Historical PerspectivesChapter :1 John Philoponus’s Presentation of Animal Rationality and the LawBy Oliver B. LangworthyChapter 2: The Gallinger Bill, a Bill to Regulate Animal Experimentation in the District of Columbia: Forerunner of the 1966 Laboratory Animal Welfare ActBy Robyn HedermanChapter 3: The Charitable Status of English Antivivisection: How It Was Lost and Could Be RegainedBy A. W. H. BatesChapter 4: The “Glass Walls” Theory: A History and Discussion of the Guidelines and Laws concerning Nonhuman Animals in the North American Film IndustryBy Rebecca StantonChapter 5: Bringing Animal Cruelty Investigation into Mainstream Law Enforcement in the United StatesBy Randall LockwoodPart II: Ethical–Legal IssuesChapter 6 From Ethics into LawBy David FavreChapter 7: From Morally Relevant Features to Relevant Legal Protection: A Critique of the Legal Concept of Animals as “Property”By Frances M. C. RobinsonChapter 8: The Nonhuman Rights Project’s Struggles to Gain Legal Rights for Nonhuman AnimalsBy Steven M. WiseChapter 9: Animals as Quasi-Property/PersonsBy Angela FernandezChapter 10: Housing Rights and Forever Homes: Reforms to Make Our Cities More Livable for Our Companion Animals and OurselvesBy Solana Joy PhillipsChapter 11: A Legal Critique of the Putative Educational Value of ZoosBy Alice CollinsonChapter 12: Our Costly Obsession: Animal Welfare, Plastic Pollution, and New Directions for ChangeBy Mariah Rayfield BeckChapter 13: Why Anti-Cruelty Laws Are Not EnoughBy Matthew J. WebberPart III: Case StudiesChapter 14: The European Union: Make Animal Law Work—The Direct Effect Principle in EU Law as an Instrument for Improving Animal Welfare By Lena HehemannChapter 15: US and New Zealand: Farmed Animals and the Rule of LawBy Danielle DuffieldChapter 16: Africa: Crimes against Nonhumanity? The Case of the African ElephantBy Ruaidhrí D. WilsonChapter 17: India: Whither Bovinity? Hindu Dharma, the Indian State, and Conflicting Moral Perspectives over Cow ProtectionBy Kenneth ValpeyChapter 18: United Kingdom and Ireland: Animal Law Compared By Maureen O’Sullivan and Stephanie O’FlynnAbout the Contributors
£82.80
West Academic Publishing Acing Property
Book SynopsisThis study aid features an innovative method of content organization. It uses outline-like checklists that are designed to lead students through the analytical steps necessary to evaluate and resolve property issues. Each chapter begins with a review and explanation of the important rules, concepts and principles that govern a particular area of property law. The review material is then synthesized into a checklist. Each chapter concludes with practice problems and solutions that illustrate how students can use the checklist to analyze property issues when writing their exams. Although other study aids may offer summaries of the law and practice questions, none offer the systematic analytical approach represented by the checklists in this book. In addition, the fourth edition includes: Two full-length, four-hour practice essay exams (with model answers) A new Master Checklist for issue-spotting essay questions Updated discussion and Chapter Checklists for new developments in the law New exam tips for regulatory takings and real covenants questions Additional discussion of bailments, co-ownership, servitudes, and real estate transactions Updated cross-references to additional supplemental sources for further reading
£49.50
Wits University Press Land, Law and Chiefs in Rural South Africa:
Book SynopsisWho controls the land and minerals in the former Bantustans of South Africa - chiefs, the state or landholders? Disputes are taking place around the ownership of resources, decisions about their exploitation and who should benefit. With respect to all of these issues, the courts have become increasingly important.The contributors to Land, Law and Chiefs in Rural South Africa capture some of these intense contestations over land, law and political authority, focussing on threats to the rights of ordinary people. History and customary law feature strongly in most disputes and succession to chieftaincy is also frequently disputed. Judges have to make decisions in a context where rival claimants to property or office assert their own versions of history and custom. The South African constitution recognises customary law and the courts are attempting to incorporate and develop this branch of jurisprudence as 'living customary law'. Lawyers, community leaders and academics are called on to assist in researching cases around restitution, land rights and customary law. The chapters in this collection discuss legal cases and policy directions that have evolved since 1994. Some chapters analyse the increasing power of chiefs in the South African rural areas, while others suggest that the courts are giving support to popular rights over land and supporting local democratic processes. Contributors record significant pushback from groups that reject traditional authority. These political tensions are a central theme of the collection and thus serve as vital case studies in furthering our understanding of rights and restitution in South Africa.Table of Contents Preface - William Beinart Introduction Land, Law and Chiefs: Contested Histories and Current Struggles - William Beinart Chapter 1 Constitutional Court Judgements, Customary Law and Democratisation in South Africa - Geoff Budlender Chapter 2 Was 'Living Customary Law' There All Along? - Derick Fay Chapter 3 When Custom Divides 'Community': Legal Battles over Platinum in North West Province - Sonwabile Mnwana Chapter 4 Chiefs, Mines and the State in the Platinum Belt: The Bapo-ba-Mogale Traditional Community and Lonmin - Gavin Capps Chapter 5 Grave Sites and Dispossession in Mpumalanga - Dineo Skosana Chapter 6 The Abuse of Interdicts by Traditional Leaders in South Africa - Joanna Pickering and Ayesha Motala Chapter 7 Resisting the Imposition of Ubukhosi: Contested Authority-Making in the Former Ciskei - Thiyane Duda and Janine Ubink Chapter 8 Black Landlords, Their Tenants and the Natives Administration Act of 1927 - Khumisho Moguerane Chapter 9 Customary Law and Land Ownership in the Eastern Cape - Rosalie Kingwill Chapter 10 A History of Communal Property Associations in South Africa - Tara Weinberg Chapter 11 'This is Business Land': The Hlolweni Land Claim, 1983-2016 - Raphael Chaskalson Chapter 12 Restitution and Land Rights in the Eastern Cape: The Hlolweni, Mgungundlovu and Xolobeni Cases - William Beinart
£27.00
Intersentia Ltd Property Law Perspectives
Book SynopsisThis book is the result of the second edition of the Young Property Lawyers Forum (YPLF), an informal network of young property law researchers. The YPLF aims to bring property law scholars together from around the world and enable them to discuss their work with each other and with more experienced researchers. This book contains the contributions of the second edition of this conference which took place in Maastricht. The different chapters in the book deal with new developments in property law that challenge traditional property law theory. Although they deal with various aspects of property law, such as virtual property, prescription, and EU property law, they all share a vision on how to give shape to the property law of the 21st century. The Young Property Lawyers Forum (YPLF) continues to form a network for property law researchers around the world with new conferences and publications for both beginning and more advanced scholars.
£36.10
Intersentia Ltd Principles of European Family Law Regarding
Book SynopsisThe Principles of European Family Law drafted by the Commission on European Family Law (CEFL) contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participiation in acquisitions and the community of acquistions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common Chapters on the General Rights and Duties of Spouses and on Marital Property Agreements which are to be applied regardless of which of the regimes applies.
£72.20
Intersentia Ltd European Union Property Law: From Fragments to a
Book SynopsisThe European acquis communautaire in the field of property law is to a large extent still unexplored. This study has aimed to shine a light on EU property law. It provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU's four freedoms - of goods, persons, services and capital - on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so. By conducting an extensive search on the basis of some thirty key property law terms, the author has been able to uncover not just the handful of Directives and Regulations that touch upon property law and are relatively well-known, but also hundreds of EU legislative measures that make use of property law concepts, but leave them mostly undefined. The resulting picture of EU property law is a fragmented one. In order to develop this field of law more consistently and coherently, the author has proposed a framework for future EU property law, focusing on both form and content. The essence of this framework is the development of three European-autonomous property rights, functioning within a European set of property law rules.Table of ContentsPREFACE AND ACKNOWLEDGEMENTS CHAPTER 1: PURPOSE AND METHOD OF THE STUDY Introduction 1. Reasons for the Development of Property Law by the European Union 1.1. The Relationship between Free Movement Law and Property Law 1.1.1. Free Movement of Goods 1.1.2. Free Movement of Capital 1.1.3. Free Movement of Services 1.1.4. Free Movement of Persons 1.2. Harmonization of other Areas of Private Law 1.3. Summary 2. The Acquis Method: Defining EU Property Law 2.1. Delimiting the Field of Law and Defining its Concepts: the Role of Comparative Research in the Acquis Method 2.1.1. The Comparative Method as Developed by the CJEU 2.2. The Selection of EU Legislation and Case Law for the Acquis Analysis 2.2.1. Defining Property Law: Introducing the System-Cube 2.2.2. The System of Property Rights: a Three-Dimensional Model 2.2.3. Practical Application of the System-Cube 2.2.3.1. A Right of Usufruct 2.2.3.2. A Non-Possessory Right of Pledge on an Incorporeal Object 2.2.3.3. Security Rights in Relation to Corporeal Objects 2.2.3.4. Right of Ownership of Emission Rights 2.2.3.5. Timeshare of Immovable Property 2.2.4. The System-Cube applied to English Law 2.2.4.1. Common Law and Equity 2.2.4.2. Trusts 2.2.5. Summary 3. Linguistic Problems: the Method of the Court of Justice of the European Union 3.1. The Semantic Approach and the Contextual Approach Conclusion CHAPTER 2: PROPERTY LAW AND THE INTERNAL MARKET Introduction 1. Cross-border or Purely Internal Situation? 2. Horizontal or Vertical Relationships 3. Free Movement of Goods 3.1. Definition of 'Goods' 3.2. Mutual Recognition of Property Rights? 3.3. Classifying the Measure: from Keck to Trailers 3.3.1. A de Minimis Requirement in Free Movement of Goods? 3.4. Obstacles to the Free Movement of Goods: the Case of Krantz 3.4.1. Facts of the Case 3.4.2. Arguments of the parties 3.4.3. Opinion of Advocate-General Darmon 3.4.4. Judgment of the Court 3.4.5. The Obstacles to Free Movement of Goods: Loss of Property Right and Increase in Costs 3.5. The Effect of the Free Movement of Goods on National Property Law 4. Free Movement of Capital 4.1. What Constitutes a Capital Movement? 4.2. Discrimination or Market Access Test: a de Minimis Requirement in Free Movement of Capital? 4.3. Obstacles to the Free Movement of Capital 4.4. The Effect of the Free Movement of Capital on National Property Law 5. Free Movement of Services 5.1. Directive 2006/48/EC 5.2. Discrimination or Market Access Test: a de Minimis Requirement in Free Movement of Services? 5.3. Obstacles to the Free Movement of Services 5.4. The Effect of the Free Movement of Services on National Property Law 6. Free Movement of Persons 6.1. Discrimination or Market Access Test: a de Minimis Requirement in Free Movement of Persons? 6.2. Obstacles to the Free Movement of Persons 6.3. The Effect of the Free Movement of Persons on National Property Law 7. Justification Grounds 7.1. Proportionality Conclusion CHAPTER 3: THE EU'S COMPETENCE TO REGULATE PROPERTY LAW Introduction - The Relationship between European Law and Property Law 1. Article 345 of the Treaty on the Functioning of the European Union 2. Methodology of the CJEU 3. Interpretation of Article 345 TFEU 3.1. Linguistics: Prejudice, Prejudge or Preclude? 3.2. History of the Article: Relating to Undertakings or not? 3.2.1. Article 345 TFEU as seen from the Point of View of Property Law 3.2.2. Private or Public Property Law? 3.3. 'The Treaties' to which Article 345 TFEU Refers 3.4. Combining the Above: a Possible Interpretation of Article 345 TFEU 4. Article 345 TFEU in EU Legislative Work 5. Interpretation of Article 345 TFEU by the Court of Justice of the European Union 6. Article 345 TFEU in the Debate on Privatizations and Nationalizations 7. Preliminary Conclusions 8. Legal Basis 8.1. Subsidiarity and Proportionality Final conclusions CHAPTER 4: SUBSTANTIVE PROPERTY LAW AND PROPERTY LAW TERMINOLOGY IN PRIMARY AND SECONDARY EU LAW Introduction Part I - Substantive European Union Property Law 1. Direct EU Property Law 1.1. Regulation 650/2012/EU on International Successions 1.2. Regulation 207/2009/EC on the Community Trade Mark (codified version) and Regulation 6/2002/EC on Community Designs 1.3. Regulation 1346/2000/EC on Insolvency Proceedings 1.4. Directive 2008/48/EC on Credit Agreements for Consumers 1.5. Directive 2006/112/EC on the Common System of Value Added Tax 1.6. Directive 2002/47/EC on Financial Collateral Arrangements 1.7. Directive 2000/35/EC on Combating Late Payments in Commercial Transactions 1.8. Directive 93/7/EEC on the Return of Stolen Cultural Objects 2. Indirect EU Property Law 2.1. Regulation 881/2002/EC Imposing certain Specific Restrictive Measures Directed against certain Persons and Entities Associated with Usama bin Laden, the Al-Qaida Network and the Taliban 2.2. Directive 2003/87/EC Establishing a Scheme for Greenhouse Gas Emission 2.3. Natura 2000 2.4. Directive 93/13/EEC on Unfair Terms in Consumer Contracts 2.5. Directive 85/577/EEC on Contracts Negotiated away from Business Premises ('doorstep selling directive') Part II - Terminology 3. Searching for Property Law Terms 3.1. Language of the Search 3.2. TEU and TFEU 4. Defined Property Law Terms 4.1. Right in Re(m)/Real Right/Personal Right 4.2. Property/Assets/Things/Objects 4.3. Possessor/Possession 4.4. Transfer/Convey/Assign/Cession 5. Undefined Property Law Terms 5.1. Owner/Ownership/Proprietor 5.1.1. Retention of Title/Reservation of Ownership 5.2. Interest in/Title to 5.3. Tenure/Tenancy 5.4. Estate/Fee Simple/Freehold/Leasehold 5.5. Trust/Beneficiary 5.6. Numerus Clausus and Limited Property Rights 5.6.1. Security Rights 5.7. Movable/Immovable 5.8. Tangible/Corporeal 5.9. Lex Rei Sitae Conclusion CHAPTER 5: OPTIONS FOR THE FUTURE DEVELOPMENT OF EUROPEAN UNION PROPERTY LAW Introduction 1. Explanation of Terms 2. The Commission's 2010 Green Paper 3. EU Private International Law - Changing the Lex Rei Sitae? 3.1. Alternatives to the Lex Rei Sitae Rule 3.1.1. Lex Registrationis 3.1.2. Lex Destinationis 3.1.3. Lex Contractus 3.1.4. Choice of Applicable Property Law 3.1.5. Mutual Recognition and Country of Origin Principle 3.2. Preliminary Conclusions 4. Cross-Border or Purely Internal Situations 5. Non-Binding Options 5.1. Inter-Institutional Agreement on a 'Toolbox' for European Property Law 5.2. Legal Basis 6. Optional Instrument 6.1. Legal Basis 6.2. Regulation or Directive 6.3. Opt-In or Opt-Out 6.4. Optional Instrument and Regulatory Competition 6.5. Preliminary Conclusions - an Optional Instrument for EU Property Law? 7. Binding Instrument 7.1. Legal Basis 7.2. Regulation or Directive 7.2.1. Minimum or Maximum, Partial or Full Harmonization 7.3. European Civil Code 8. International Agreement 8.1. Enhanced Cooperation 9. Harmonization through Case Law Final Conclusions CHAPTER 6: A FRAMEWORK FOR EUROPEAN UNION PROPERTY LAW Introduction Part I - Status Quo of EU Property Law 1. The System-Cube 1.1. Dimension One: Content of Property Rights 1.2. Dimension Two: Objects of Property Rights 1.3. Dimension Three: Time 2. The Operating System 2.1. Creation 2.2. Transfer 2.3. Registration 2.4. Destruction 2.5. Third Party Effects Concluding Remarks to Part I Part II - Where to? 3. An Optional Instrument for EU Property Law 3.1. Legal Basis Revisited 3.2. Advantages of an Optional Instrument 3.3. Interpretation of the Optional Instrument 4. Operating Rules and Definition of Terms 4.1. Operating Rules 4.2. Definition of Terms 5. EU Property Rights 5.1. European Primary Right 5.1.1. Ownership in the Euratom Treaty 5.2. European Security Right 5.2.1. Past Proposals and Existing Cross-Border Security Rights 5.2.2. Characteristics of the European Security Right 5.2.2.1. Possessory or Non-Possessory Security Right 5.2.2.2. For what Type of Objects? 5.2.2.3. General or Specific Security Right 5.2.2.4. Accessory or Non-Accessory Security Right 5.2.2.5. Registration 5.3. European Use Right 5.3.1. Content of the Right 5.3.2. Time-Limit 5.3.3. For what Type of Objects? 5.3.4. General or Specific Use Right 6. The Place of Private International Law in the Optional Instrument Concluding Remarks to Part II ANNEX TO CHAPTER 4: TERMINOLOGY SAMENVATTING BIBLIOGRAPHY CURRICULUM VITAE
£67.45
Intersentia Ltd Property Law Perspectives II
Book SynopsisThis book contains selected contributions from the third Young Property Lawyers Forum (YPLF) and the YPLF Masterclass 2012. It offers new perspectives on property theory, constitutional property law, and private law-property law. Under these headings, young and renowned property law scholars present their current research and offer an exciting look into the challenges property law faces in the 21st century. In November 2012 the YPLF met in Stellenbosch, South Africa for the Forum's third edition. It is an informal network of young property law researchers that seeks to bring together property law researchers from around the world and to enable them to discuss their work with each other and with more experienced researchers. On this occasion a special Master Class was held after the YPLF in which some of the world's leading property law scholars presented their research. The YPLF continues to form a network for property law researchers around the word, leading to more conferences and publications.Table of ContentsIntroduction to Property Law Perspectives II 1. Introduction 2. Property Law in Development 3. Contributions in this Volume Bibliography List of Contributors PARTI: CONSTITUTIONAL PROPERTY LAW Eveline Ramaekers Lex situs and Article 1 Protocol 1. The influence of the European Convention on Human Rights on Private International Law 1. Scenario: a Property Right is Lost or Altered 2. The Different Elements of A1P1 3. Pye v United Kingdom 3.1. Lex Situs Evaluated along the Lines of Pye 4. Mary Green v Malta 4.1. Public Policy Justification 4.2. Rights of a Third Party 5. Concluding Remarks Bibliography Sabrina Praduroux How to Fairly Judge Restrictions to Property Rights: an Overview on ECtHR's view on Public and Private Interests in the regulation of Property 1. Introduction 2. Proportionality as Key Feature of Judicial Review under ECHR Law 3. Proportionality as Standard of Judicial Review under Article P1-1 ECHR 4. The Conduct of Public Authorities as decisive Factor to decide on Interferences with the Right to the Peaceful Enjoyment of Possessions 5. Fairly Balanced Takings in the Light of the ECtHR Case Law 5.1. The Availability and Amount of Compensation 5.2. The Existence of Adequate Procedural Protection for the Right of Property 6. Due Process as Factor tipping the Scale within Regulation of Property Cases 7. Conclusions Bibliography Bjorn Hoops South Africa's Communal Land Rights Act: Rating the Attempt to Translate Customary Land Tenure into Legislation 1. Introduction 2. Background 2.1. Customary Land Tenure 2.2. Juristic Persons as a Means to Provide for Security of Tenure 2.3. Customary Land Tenure and the Legitimacy of Juristic Persons 3. Methodology 4. Comparison 4.1. Rights of Access and Rights of Control 4.2. Multi-Level Governance 4.3. Exclusion of Outsiders 4.4. Flexible, Inclusive, Nested and Overlapping Rights of Access 4.5. Role of Traditional Leaders 5. Concluding Remarks Bibliography Susan Bright & Lisa Whitehouse The Opportunities and Challenges of Empirical Work: Housing Possession in Theory and in Practice 1. Why Empirical Work? 2. How: the Research Methods 3. Practical Research Challenges 4. Existential Research Challenges 5. Concluding Remarks Bibliography Jeannie van Wyk What to Do about Fracking in the Karoo? 1. Introduction 2. What is 'Fracking'? 3. Where will Fracking Take Place? 4. Advantages and Disadvantages of Fracking 5. Regulatory Framework 5.1. General Regulatory Framework 5.2. Authorizations /Permits/Approvals Required 5.3. Mineral and Petroleum Resources Development Act 28 of 2002 5.4. National Environmental Management Act 107 of 1998 5.5. National Water Act 36 of 1998 5.6. National Environmental Management: Waste Act 59 of 2008 5.7. Spatial Planning Legislation 6. Owners 7. Conclusion Bibliography PART II: CONCEPTS OF PROPERTY LAW Sofie Bouly Does the Expansion of the Concept 'Immovable' Influence Immovable Accession? 1. Introduction: Immobilization and Immovable Accession Require a 'Connection' between Two or More Things 2. Immovable Accession 3. Incorporation: a Criterion with two Dimensions 3.1. Immobilization 3.2. Transfer of Ownership 4. Incorporation: a Uniform or Multiform Criterion? 4.1. Multiform Interpretation of the Incorporation Criterion 4.2. Uniform Interpretation of the Incorporation Criterion 5. Concluding Remarks with Regard to Both Dimensions of the Incorporation Criterion Bibliography Shaun Charlton Putting Universal Classifications of Property into Question: Standing Timber 1. Introduction 1.1. An Example Taken from Germany 2. France 2.1. Meubles par Anticipation 2.2. Symbolic Possession of the Trees 2.3. Lease of the land (Bail) 2.4. Registration 2.5. Local Conclusion on French Law 3. Germany 3.1. Legal Bases Dependent upon the Classification of the Property Law Classification of Standing Trees 3.1.1. Legal Bases Dependent upon the Classification of the Trees as Immovable 3.1.2. Legal Bases Dependent upon the Classification of the Trees as Movable 3.1.3. German Property Law Classification of the Standing Trees 3.2. Legal Bases Independent of the Property Law Classification of Standing Trees 3.2.1. Legal Consequences Resulting from the Interpretation of the Estate Contract 3.2.2. Interpreting the Estate Contract 3.3. Local Conclusion on German Law 4. Great Britain 4.1. Profit a Prendre 4.1.1. The Sales Contract as the Grant of a Profit 4.1.2. Whether the Profit Will Bind Third Parties 4.1.3. By Way of Deed (Legal Profits) 4.1.4. By Way of a Signed Written Contract (Equitable Profits) 4.1.5. Informal Agreements (Purporting to grant a Profit) 4.2. Back to the Sales Contract 4.3. Local Conclusion for English and Scots Law 5. Conclusion Bibliography Dorothy Gruyaert Client Accounts: in Search of a Legal Foundation 1. Introduction 2. Legal Position Before 27 January 2011 2.1. Concept 2.2. Classification of the Legal Relationship 2.2.1. Introductory Note: The Principle of Exclusive Ownership 2.2.2. Indirect Representation 2.2.3. Fiduciary Ownership for Management Purposes 2.2.4. Concluding Remarks 3. Recent Developments in Case Law 4. Lessons to Be Learnt 4.1. Legislative Intervention 4.2. First Proposal 4.3. Second Proposal 4.3.1. Quo Vadis? 5. Conclusion Bibliography Ann Apers Party Autonomy in the Classification of Things: Expansion of the Term 'Immovable' 1. Introduction: the Classification Concept 2. Classification of Things 2.1. Objective Classification Criteria 2.2. Subjective Classification Criteria 2.3. Relation between Objective and Subjective Classification Criteria 3. Expansion of the Term 'Immovable by Nature' in Belgian and Dutch Law 3.1. Background of the Category 3.2. Interpretation of the Term 'Immovable' 3.2.1. Legal Provisions: Classification based on the Nature of the Property 3.2.2. Case Law Analysis: Shift towards Subjective Interpretation 3.3. Criticism on the Subjective Interpretation of the Term 'Immovable through Attachment' 4. Concluding Remarks Bibliography Brendan Edgeworth The Contractualization of Leases in Common Law Jurisdictions: Recent Developments 1. Introduction 2. In the Beginning: Highway Properties, Shevill and their Lineage 3. The Rise of the Anti-Shevill Clause 4. Some Other Common Law Jurisdictions 5. Contractual Termination and Notice Requirements 6. Conclusion Bibliography PART III: DEVELOPMENTS IN PROPERTY LAW AND PROPERTY THEORY Bram Akkermans Standardization of Property Rights in European Property Law 1. Introduction 2. Introducing the Issues: Perspectives on Numerus Clausus 3. Standardization Theory 4. Standardization Theory in a European Setting 4.1. Before we start - Systems of Publicity and Numerus Clausus in all Countries? 4.2. Back to Problem - Numerus Clausus in Comparative or Economic Perspective? 4.3. Back to Comparative Law: Composition of the Numerus Clausus 5. Optimization of Publicity and Property Rights 6. Conclusion Bibliography Joseph William Singer The Rule of Reason in Property Law 1. Rules and Standards 1.1. Conventional Analysis 1.2. Legal Realism about Rules and Standards in Property Law 1.2.1. Why Rules are Less Predictable than We Think 1.2.1.1. Informal Sources of Justified Expectations 1.2.1.2. Rules Do Not Determine their Own Scope 1.2.1.3. Competing Norms Limit the Scope of Legal Rules 1.2.2. Why Standards are More Predictable than We Think 1.2.2.1. Exemplars and Precedent Make Standards Concrete 1.2.2.2. Presumptions Make Standards Predictable 2. How Rules of Reason Maintain the Infrastructure of Property 2.1. Setting Minimum Standards Compatible with Democratic Norms 2.2. Consumer Protection: Things that We Would Like to Take for Granted 2.3. Managing Externalities and Systemic Effects of Property Rights 3. How Rules of Reason Shape the Scope of Property Law Rules 3.1. Distinguishing Cases 3.2. Resolving Conflicting Norms 3.3. Excusing Mistakes 3.4. Escaping the 'Dead Hand' of the Past 3.5. Deterring the 'Bad Man' 4. Conclusion Bibliography PART IV: PRIVATE LAW AND PROPERTY LAW Mitzi Wiese A Comparison between a Lien (right of retention) in South African Law and het retentierecht in Dutch Law before and after the Enactment of the Current Burgerlijk Wetboek 1. Introduction 2. South African Law 2.1. Three Types of Liens 2.2. The Legal Nature of Liens 3. Dutch Law 3.1. Development of Liens (retentierechten) 3.2. Before Enactment of the Current BW 3.3. After the Enactment of the Current BW 4. Evaluation Bibliography Valerie Tweehuysen A Comparative Analysis of the Principle of Indivisibility 1. Introduction 2. Dutch Law 2.1. Rules Derived from the Principle of Indivisibility 2.2. Exceptions to the Principle of Indivisibility 2.3. The Essence of the Principle of Indivisibility 3. French Law 4. German Law 5. Conclusion Bibliography Elien Dewitte Factual Universalities of Goods - Still Alive and Kicking? 1. Introduction 2. Factual Universality of Goods Versus Legal Universality of Goods 3. Application of Factual Universalities of Goods in Case Law 3.1. A Business Enterprise 3.1.1. Business Enterprise: Definition and Legal Nature 3.1.2. Usufruct of a Business Enterprise 3.1.3. Pledge of a Business Enterprise 3.1.4. Conveyance of a Business Enterprise 3.1.5. Conclusion 3.2. A Securities Portfolio 3.2.1. Securities Portfolio: Definition 3.2.2. Usufruct of a Securities Portfolio 3.2.3. An Insurance Portfolio 3.3. An Assembly of Future Receivables 4. Factual Universality of Goods: Functional Effects 5. Conclusion Bibliography Gerrit Pienaar The Reality of Fragmented Property Rights 1. Introduction 2. The Economic and Social Reality of Fragmented Ownership 3. The Nature of the Rights to Land 3.1. Sectional Title Ownership 3.2. Communal Land Tenure in Rural Areas 4. Registrability and Protection 4.1. Sectional Title Ownership 4.2. Communal Land Rights 5. Administrative System and Dispute Resolution 5.1. Sectional Title Community 5.2. Communal Property in Rural Areas 6. Conclusion Bibliography
£68.40
Intersentia Ltd Property Law Perspectives IV
Book SynopsisProperty Law Perspectives IV contains a selection of the papers presented at the fifth meeting of the Young Property Lawyers Forum (YPLF), which took place at Wadham College, Oxford, in 2014. The YPLF is an informal, international network of property law researchers, which is primarily aimed at junior scholars. The papers presented at the YPLF are representative of the rapid developments currently taking place in property law scholarship, particularly in connection with EU law, environmental law, and internet law. Property Law Perspectives IV shows that attention is still being paid to the roots of property law. The papers in this volume take us on legal and historical journeys, exploring basic principles and well-known concepts of property law, such as the prior tempore rule, expropriation, proprietary security, and the rules on acquisitive and extinctive prescription. The wide variety of topics and jurisdictions discussed make this book a fascinating read for anyone interested in property law.
£40.85
Intersentia Ltd Law and Policy in Modern Family Finance: Property
Book SynopsisLaw and Policy in Modern Family Finance - Property Division in the 21st Century adopts a conceptual approach to address key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. These questions include: which relationships should be subject to a statutory regime; which property should be shared; whether property held on trust should be included; how property should be shared; how economic disparity caused by the division of functions within the relationship should be addressed, if at all; whether, and if so to what extent, the interests of children of the relationship should be considered; whether parties should be allowed to contract out of a statutory regime and, if so, whether such contracts should be binding; and whether death should be treated in the same way as relationship break-down.The authors use New Zealand's current legislative framework as a basis for critical analysis and reflection. Despite New Zealand's Property (Relationships) Act 1976 being hailed as socially progressive legislation when it was enacted, there is concern in New Zealand that its property sharing regime no longer meets society's needs and expectations. However, issues of fairness, equality, and modern complexities in the division of relationship property are not unique to New Zealand. Other jurisdictions are facing similar problems, including Australia, England and some continental European countries.The inclusion of internationally recognised relationship property experts from England, Australia and Germany ensures the utility of the book for international audiences, making it of interest to law reformers, academics, the judiciary, the legal profession, and law students everywhere in the world.
£75.05
Intersentia Ltd Effects of Mistake and Other Defects on the
Book SynopsisThis book analyses the mechanics of how legal ownership in tangible movable property is transferred from one person to another and whether certain kinds of defects, particularly mistakes, may prevent its passage. Though this area of the law may well be regarded as a core area of English private law, it has not yet received much attention in academic literature. It is argued that English law, on its best interpretation, and contrary to the traditionally accepted approach, adopts a principle of separation (i.e. that the underlying contract or other transaction is notionally distinct from the conveyance of title) and abstraction (i.e. that the conveyance of title is not dependent on the validity of the underlying contract or other transaction). This applies for transfers by delivery, transfers by sale and transfers by deed. Further, it is very rare for mistakes to prevent the passage of ownership. In fact, title passes unless the transferor's intention to transfer property is virtually absent altogether. For this purpose, an analogy is drawn with the distinctions made in Shogun Finance Ltd v Hudson.Table of ContentsTable of Contents and preliminary matter (p. 0) Chapter 1. An Introduction to Defective Transfers of Property (p. 1) Chapter 2. Transfer of Legal Ownership in Tangible Movable Property (p. 19) Chapter 3. Defects which Prevent the Passage of Legal Ownership. (p. 87) Chapter 4. Fundamental Mistake in Particular (p. 97) Chapter 5. Conclusion (p. 185) Bibliography (p. 189)
£75.05
Edward Elgar Publishing Ltd Handbook on the Law of Cultural Heritage and
Book SynopsisThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schönenberger, K. Siehr, A.F. VrdoljakTrade Review‘There is a sad dearth of writings on ‘Cultural Heritage’ with just two or three other books on this topic, the best, by far, being Elgar’s Handbook on the Law of Cultural Heritage and International Trade. I have seen no other book on this subject that even links International Trade Law with this subject and so the two Editors, Professors Nafziger and Paterson are to be hugely commended for this exciting and scholarly legal Masterpiece, a true Handbook in the true sense of the word.’ -- Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Cultural Heritage Law James A.R. Nafziger and Robert Kirkwood Paterson 2. International Trade in Cultural Material James A.R. Nafziger and Robert Kirkwood Paterson 3. Australia Craig Forrest 4. Canada Robert Kirkwood Paterson 5. China James Ding 6. France Marie Cornu 7. Germany Kurt Siehr 8. Greece Elina N. Moustaira 9. Ireland Patricia Conlan 10. Israel Talia Einhorn 11. Italy Manlio Frigo 12. Japan Shigeru Kozai and Toshiyuki Kono 13. Mexico Ernesto Becerril 14. New Zealand Piers Davies and Paul Myburgh 15. Poland Andrzej Jakubowski and Olgierd Jakubowski 16. South Africa Margaret Beukes 17. Sweden Thomas Adlercreutz 18. Switzerland Marc-André Renold and Beat Schönenberger 19. Turkey Janet Blake 20. United Kingdom Kevin Chamberlain and Kristin Hausler 21. United States James A.R. Nafziger 22. Controls on the Export of Cultural Objects and Human Rights Kevin Chamberlain and Ana Vrdoljak 23. Foreign Culture: Export Controls on Material of Foreign Origin Robert K. Paterson and Marc-André Renold 24. A Legal Pluralist Approach to International Trade in Cultural Objects Francesca Fiorenti Index
£212.00
Berghahn Books Property in East Central Europe: Notions,
Book Synopsis Property is a complex phenomenon comprising cultural, social, and legal rules. During the twentieth century, property rights in land suffered massive interference in Central and Eastern Europe. The promise of universal and formally equal rights of land ownership, ensuring predictability of social processes and individual autonomy, was largely not fulfilled. The national appropriation of property in the interwar period and the communist era represent an onerous legacy for the postcommunist (re)construction of a liberal-individualist property regime. However, as the scholars in this collection show, after the demise of communism in Eastern Europe property is again a major factor in shaping individual identity and in providing the political order and culture with a foundational institution. This volume analyzes both historical and contemporary forms of land ownership in Poland, Romania, and Yugoslavia in a multidisciplinary framework including economic history, legal and political studies, and social anthropology.Trade Review “The reader will benefit from the reflections developed throughout the chapters that, taken together, present a pertinent and well documented theme of utmost importance in that part of the European continent.” • Revue d’études comparatives Est-Ouest “Especially now that Neoliberalism remains without any recognizable alternative model, it is a valuable task for historians not to accept concepts of ownership as given but to describe them in their historical variability. Here the volume evokes contradiction, but also shows just how varied the rural ownership relations were, to what degree they served political ends and how creatively the affected population handled the frequently changing legal propositions. For this reason, it offers manifold ideas and inspirations for future work dealing with rural property.” • H-Soz-Kult “…will prove significant in the field, and the focus of debate and controversy. The content is wide-ranging, cogent and coherent… The contributors are also the foremost experts in their fields… The geographical coverage of the book as a whole is admirably wide… [it] evinces a good balance between theory and methodology, and ‘thick description’.” • David Sugarman, Lancaster University “The major contribution of this volume is the comparative perspective on several different regions and countries and the significant differences in their experiences of property systems and of land policy transformations over the course of the 20th century… Other works exist on the post socialist transformations in Eastern Europe, but most lack the historical perspective on land policy change over the longer time frame that this volume addresses.” • Melanie G. Wiber, University of New BrunswickTable of Contents List of Tables Acknowledgements Introduction: Property in East Central Europe: Notions, Institutions and Practices of Landownership in the Twentieth Century Hannes Siegrist and Dietmar Müller PART I: ECONOMIC HISTORY Chapter 1. The Changing Landscape of Property: Landownership and Modernization in Poland in the Nineteenth and Twentieth Centuries Jacek Kochanowicz Chapter 2. Agriculture and Landownership in the Economic History of Twentieth-century Romania Bogdan Murgescu PART II: PROPERTY BETWEEN LAW AND POLITICS Chapter 3. Property in the East Central European Legal Culture Herbert Küpper Chapter 4. The Habsburg Cadastral Registration System in the Context of Modernization Kurt Scharr Chapter 5. Property between Delimitation and Nationalization: The Notion, Institutions and Practices of Land Proprietorship in Romania, Yugoslavia and Poland, 1918–1948 Dietmar Müller Chapter 6. Frontline Soldiers into Farmers: Military Colonization in Poland after World War I and World War II Christhardt Henschel Chapter 7. The Country Road to Revolution: Transforming Individual Peasant Property into Socialist Property in Yugoslavia, 1945–1953 Jovica Luković PART III: PRACTICES AND MENTALITIES OF LANDOWNERSHIP Chapter 8. Homeland as Property: Symbolic Ownership and the Local Heritage of the Past in Lemkowyna and the Ukraine Jacek Nowak Chapter 9. Landownership in Practice: The Case of the Local Community of Naramice in Central Poland Paweł Klint Chapter 10. Property and Agricultural Policy in Twentieth-century Romania: Intentions, Technical Means and Social Realities Cornel Micu Chapter 11. Owning Land in Central Serbia: Contemporary Notions and Practices: The Case of Mrčajevci Srđan Milošević Chapter 12. The Practices of Land Ownership in Vojvodina: The Case of Aradac Jovana Diković Selected Bibliography Notes on Contributors Index
£96.30
Edward Elgar Publishing Ltd Governance of Intellectual Property Rights in
Book SynopsisTo a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a 'norm-taker' as it increasingly becomes a 'norm-maker'. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.'- Alexander Peukert, Goethe University, Frankfurt am Main, Germany'Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!'- Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent OfficeIntellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China.The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation.Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.Contributors include: D.O. Acquah, R.M. Ballardini, N. Bruun, Y. Guan, K. He, K. Larson, N. Lee, M. Li, Y. Li, M. Oker-Blom, B.P.-W. Liu, L. Tammenlehto, W. Wu, P.K. Yu, L. Zhang, Q.-S. Zhao, Y. Zhao, L. ZhouTrade Review‘To a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a “norm-taker” as it increasingly becomes a “norm-maker”. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.’ -- Alexander Peukert, Goethe University, Frankfurt am Main, Germany‘Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!’ -- Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent Office‘Governance of Intellectual Property Rights in China and Europe is a highly valuable resource and therefore a recommended read for practitioners and academics alike. It is valuable not only for those whose expertise is in law, but also for economists, political scientists, and management experts wanting to better understand the process through which the governments in China and Europe not just transplant, but actually govern, IP law and practice.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction PART I INTELLECTUAL PROPERTY FOR INNOVATION AND CREATIVITY IN CHINA 1. Intellectual Property Law in China - From Legal Transplant to Governance Nari Lee 2. The Transplant and Transformation of Intellectual Property Laws in China Peter K.Yu 3. Legal Transplant of Intellectual Property Rights in China: Norm Taker or Norm Maker? Niklas Bruun and Liguo Zhang 4. Intellectual Property Law Revision in China: Transplantation and Transformation Mingde Li PART II COMPARING CONCEPTS AND NORMS IN CHINESE AND EUROPEAN IP LAW 5. Concept of Originality in Copyright Law in China and Europe Kan He 6. Orphan Works in China and Europe Yuying Guan 7. Art Law and Resale Rights in Europe and China Lin Zhou and Rosa Maria Ballardini 8. Parallel Trademark Law Reforms in China and Europe – An Informal Convergence? Liguo Zhang and Max Oker-Blom 9. The Glocalization of Patent Linkage In China Benjamin Pi-Wei Liu 10. Recent IP Legal Reforms in China and the EU in Light of Implementing IPR Strategies Liguo Zhang PART III GOVERNANCE OF PRACTICES AND IP ENFORCEMENT 11. China’s CMC system and its Problems from the Copyright Law of 1990 to its Third Amendment Weiguang Wu 12. Collective Rights Management in China and Europe: Between Market and Authority Nari Lee and Yang Li 13. A Comparative Study on the Relationship between Injunctions and FRAND Statements in China and the EU Qi-shan Zhao 14. European Standards in Chinese Courts – A Case of SEP and FRAND Disputes in China Yang Li and Nari Lee 15. The Emergence of Non-practicing Entities in China Kelli Larson 16. Special Intellectual Property Court in China Mingde Li 17. Chinese Developments Regarding Judicial Enforcement Mechanisms in Intellectual Property Law Yajie Zhao and Niklas Bruun 18. Criminal Enforcement of IPR in Nordic Countries and China Laura Tammenlehto and Kan He 19. Customs Enforcement of Intellectual Property in Europe and China Daniel Opoku Acquah and Kan He Index
£130.15
Edward Elgar Publishing Ltd Handbook on the Law of Cultural Heritage and
Book SynopsisThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schönenberger, K. Siehr, A.F. VrdoljakTrade Review‘There is a sad dearth of writings on ‘Cultural Heritage’ with just two or three other books on this topic, the best, by far, being Elgar’s Handbook on the Law of Cultural Heritage and International Trade. I have seen no other book on this subject that even links International Trade Law with this subject and so the two Editors, Professors Nafziger and Paterson are to be hugely commended for this exciting and scholarly legal Masterpiece, a true Handbook in the true sense of the word.’ -- Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Cultural Heritage Law James A.R. Nafziger and Robert Kirkwood Paterson 2. International Trade in Cultural Material James A.R. Nafziger and Robert Kirkwood Paterson 3. Australia Craig Forrest 4. Canada Robert Kirkwood Paterson 5. China James Ding 6. France Marie Cornu 7. Germany Kurt Siehr 8. Greece Elina N. Moustaira 9. Ireland Patricia Conlan 10. Israel Talia Einhorn 11. Italy Manlio Frigo 12. Japan Shigeru Kozai and Toshiyuki Kono 13. Mexico Ernesto Becerril 14. New Zealand Piers Davies and Paul Myburgh 15. Poland Andrzej Jakubowski and Olgierd Jakubowski 16. South Africa Margaret Beukes 17. Sweden Thomas Adlercreutz 18. Switzerland Marc-André Renold and Beat Schönenberger 19. Turkey Janet Blake 20. United Kingdom Kevin Chamberlain and Kristin Hausler 21. United States James A.R. Nafziger 22. Controls on the Export of Cultural Objects and Human Rights Kevin Chamberlain and Ana Vrdoljak 23. Foreign Culture: Export Controls on Material of Foreign Origin Robert K. Paterson and Marc-André Renold 24. A Legal Pluralist Approach to International Trade in Cultural Objects Francesca Fiorenti Index
£50.30
The Law Society Property Practitioner's Guide to the First-tier
Book SynopsisThis new book is a concise and practical guide to the procedural rules that apply to cases in the Property Chamber of the First-tier Tribunal. Including procedures to be followed in leasehold, land registration, agricultural and residential cases, it will enable practitioners to get to grips with the rules that apply to their particular case in the tribunal, and what they need to know to prepare accordingly. Included in the book are useful summaries of the types of cases dealt with by the First-tier Tribunal, tables setting out the prescribed forms relating to common disputes before the tribunal; explanations of the extent of the tribunal's jurisdiction and chapters dealing with costs and appeals. This book is the only practical guide available covering property cases in the First-tier Tribunal.Table of Contents1. Introduction; 2. Rules and procedure; 3. Residential Property; 4. Park home cases; 5. Leasehold management disputes; 6. Enfranchisement; 7. Land registration; 8. Agricultural land and drainage; 9. Business tenancy renewals; 10. Building Safety Act 2022; 11. Costs in the First-tier Tribunal; 12. Appeals and other applications made following the final decision of the First-tier Tribunal. APPENDICES.
£104.50
The Law Society Residential Conveyancing Practice: A Guide for
Book SynopsisThis crucial training manual gives support staff and paralegals a deeper understanding of the legal principles, regulations and good practice underlying residential conveyancing procedures and a sound grasp of the risks associated with their work.
£42.75
The Law Society Forfeiture of Leases
Book SynopsisForfeiture of Leases is a new book offering comprehensive and authoritative guidance on the subject covering both residential and commercial issues.
£104.50
The Law Society Renewal of Business Tenancies
Book SynopsisThe renewal of business tenancies is subject to compliance with strict legal requirements including technical statutory procedures, time-limits, and the service of prescribed notices and forms. This book unravels the complexity of the legal requirements.
£90.25
The Law Society Stamp Duty Land Tax Handbook: A Guide for
Book SynopsisThis second edition is essential for residential property lawyers to understand better the stamp duty rules on residential property transactions in England and Northern Ireland. It will help practitioner's reduce costs and protect against claims for professional negligence and damage to reputation.
£118.75
The Law Society Property Development
Book SynopsisProperty Development explains all the issues arising from property development work and will guide lawyers, developers and landowners through the many pitfalls commonly encountered in practice. This new fourth edition has been comprehensively updated to include: *references to new legislation, planning guidance and statutory instruments, including the Levelling Up and Regeneration Act 2023, the Product Security and Telecommunications Infrastructure Act 2022, the revised National Planning Policy Framework published in 2021 and the Community Infrastructure (Amendment) Regulations 2019 *references to new cases, including cases concerning easements benefitting the owners of timeshare apartments, interference with a right of way, breach of restrictive covenants and the use of a right of way to gain access to land not forming part of the dominant tenement *important changes to the Electronic Communications Code *important changes to the Community Infrastructure Levy regime *commentary on the proposed new Infrastructure Levy. The chapters on investigating title, planning and obtaining vacant possession have also been substantially revised and expanded. This practical guide features updated checklists, example model clauses, contracts and precedent deeds and transfers.
£133.00
The Law Society Conveyancing Handbook
Book SynopsisThe Conveyancing Handbook has been a trusted first port of call for thousands of practitioners for over 30 years. This year's edition will be extensively updated to include the latest guidance on good practice in residential conveyancing and is a crucial resource for answering queries arising from day-to-day property transactions.
£123.50
The Law Society Building Safety Act 2022 in Practice
Book SynopsisBuilding Safety Act 2022 and ancillary regulations are causing problems and confusion for conveyancers and other property professionals. This book provides an overview of the Act and focuses on key issues for property lawyers, including those advising house purchasers, leaseholders and managing agents, landlords and tenants or property developers.
£118.75
The Law Society Conveyancing Handbook
£123.50
Bloomsbury Publishing PLC Adverse Possession: First Supplement to the
Book SynopsisThis first supplement brings the second edition, which published in 2011, fully up to date.Table of ContentsChapter 1 Definitions and overview Chapter 2 Historical introduction and proposals for reform Chapter 3 Interpretation, policy and human rights Chapter 4 Title to land Chapter 5 The significance of adverse possession, discontinuance and dispossession Chapter 6 The requirement that possession must be ‘adverse’ and continuous Chapter 7 The meaning of ‘possession’ Chapter 8 The factual element of possession Chapter 9 The mental element of possession — the intention to possess Chapter 10 The extent of possession: when possession of part of the surface will be treated as possession of whole Chapter 11 The extent of possession: mines and minerals Chapter 12 Possession of specific types of land Chapter 13 Whether specific uses of land constitute possession Chapter 14 How long must time run for? Chapter 15 What will stop time running? Chapter 16 Extension of time by acknowledgement or payment Chapter 20 Unregistered title Chapter 21 Registered title — Part 1 Chapter 22 Registered title — Part 2 Chapter 23 Easements, profits and other rights Chapter 24 Leases Chapter 25 Encroachments Chapter 29 Co-ownership Chapter 33 Boundaries Chapter 35 Licences and tenancies at will
£99.75
LexisNexis UK Property Notices: Validity and Service
Book SynopsisWhy should you buy Property Notices: Validity and Service third editionThe widely acclaimed Property Notices: Validity and Service provides the definitive account of the law relating to property notices. It contains a clear and practical guide to the legal principles governing whether a property notice is valid and whether it has been properly served. The importance of those principles for property lawyers cannot be over-stated: in the field of property law, rights are frequently exercised by the service of a notice and, for the party that has attempted to serve a notice (and perhaps its lawyers), the consequences of a finding that a notice is invalid may be disastrous.Property Notices: Validity and Service is the only work dedicated to this core area of practice and it is essential reading for all property lawyers.
£206.10
