Description
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 Studies
Table 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
