Divergences Of Property Law PDF Download
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Author | : Ulrich Drobnig |
Publisher | : sellier. european law publ. |
Total Pages | : 253 |
Release | : 2006 |
Genre | : Law |
ISBN | : 3935808968 |
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This work is inspired by the comparative study published in The Interaction of Contract Law and Tort and Property Law in Europe (ISBN 3 935808 20 8-Cloth-$79.00-2004). Out of a transnational (comparative and EU-oriented) perspective, the essays included discuss whether divergences of property law on contractual security rights in movables constitute an obstacle to the internal market and, if so, what solutions could be offered. Unification or harmonization of private international law cannot offer an adequate solution, while unification of domestic security laws could. However, the latter will take a very long time, partly due to the specific nature of property law. The contributing authors advocate the development of a European Security Right in Movables (ESRM) in addition to the respective contemporary national security rights. A real ESRM would clearly support free competition within the European Union. However, the development of an ESRM will take much time, in particular when dealing with the relation between that ESRM and domestic security rights in the member states. The reader will also find considerations on the contents of an ESRM and on the outlines of the required additional provisions.
Author | : Georges Affaki |
Publisher | : |
Total Pages | : |
Release | : 2006 |
Genre | : |
ISBN | : 9783866538474 |
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Author | : Andrew Robertson |
Publisher | : Bloomsbury Publishing |
Total Pages | : 392 |
Release | : 2016-01-28 |
Genre | : Law |
ISBN | : 178225661X |
Download Divergences in Private Law Book in PDF, ePub and Kindle
This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.
Author | : Robert C. Ellickson |
Publisher | : Aspen Publishing |
Total Pages | : 865 |
Release | : 2014-04-11 |
Genre | : Law |
ISBN | : 1454848545 |
Download Perspectives on Property Law Book in PDF, ePub and Kindle
This reader on property law continues its lengthy track record of success of combining fascinating and essential readings and materials pertaining to property law with author commentary. Now in its Fourth Edition, Perspectives on Property Law adds nationally renowned property scholar Henry E. Smith as co-author to its already impressive author team. Features: Among the new readings included in the Fourth Edition: William Fischel's book on the Homevoter Hypothesis Libecap and Lueck's article on systems of land demarcation Peñalver and Katyal's book on property outlaws Robert Merges's article on the new dynamism in the public domain
Author | : Amnon Lehavi |
Publisher | : Cambridge University Press |
Total Pages | : 301 |
Release | : 2019-01-17 |
Genre | : Law |
ISBN | : 1108425127 |
Download Property Law in a Globalizing World Book in PDF, ePub and Kindle
Why property law needs globalization strategies -- Local to global : an institutional analysis -- Land -- Tangible goods, monetary claims, investment securities -- Intellectual property, data, and digital assets -- Security interests and proprietary priorities in insolvency
Author | : Jan Jakob Bornheim |
Publisher | : Mohr Siebeck |
Total Pages | : 592 |
Release | : 2020-10-12 |
Genre | : Law |
ISBN | : 3161591682 |
Download Property Rights and Bijuralism Book in PDF, ePub and Kindle
"Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Author | : Andrius Smaliukas |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 372 |
Release | : 2021-09-20 |
Genre | : Law |
ISBN | : 9403534834 |
Download Property and Trust Law in Lithuania Book in PDF, ePub and Kindle
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Lithuania deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Lithuania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Author | : Joycey G. Tooher |
Publisher | : |
Total Pages | : 241 |
Release | : 2002 |
Genre | : Land tenure |
ISBN | : 9780409317848 |
Download Introduction to Property Law Book in PDF, ePub and Kindle
Introduction to property law.
Author | : Pia Letto-Vanamo |
Publisher | : Walter de Gruyter |
Total Pages | : 184 |
Release | : 2012-08-31 |
Genre | : Law |
ISBN | : 3866539657 |
Download Coherence and Fragmentation in European Private Law Book in PDF, ePub and Kindle
One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.
Author | : |
Publisher | : Edinburgh Student Law Revie |
Total Pages | : 110 |
Release | : |
Genre | : |
ISBN | : |
Download Edinburgh Student Law Review - Issue 3 Europeanisation Book in PDF, ePub and Kindle