Protection of Immovables in European Legal Systems PDF Download
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Author: Sonia Martin Santisteban
Publisher: Cambridge University Press
ISBN: 1316432572
Category : Law
Languages : en
Pages :
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Book Description
How should a landowner respond when a squatter occupies their land? This book discusses the issues focussing on vindicatio, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman laws, which are expertly explored in an introductory chapter. Also included is a chapter exploring human rights interventions in such actions. Twelve case studies offer an extensive and comparative analysis across sixteen European jurisdictions. The basic defendants covered are squatters taking over a home, environmental protesters, licensees and former tenants. The case studies include, amongst others, self-help; restitution; competing claims to ownership (and the relevance of registration systems to claims to ownership); adverse possession; neighbours; nuisance and encroachment.
Author: Sonia Martin Santisteban
Publisher: Cambridge University Press
ISBN: 1316432572
Category : Law
Languages : en
Pages :
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Book Description
How should a landowner respond when a squatter occupies their land? This book discusses the issues focussing on vindicatio, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman laws, which are expertly explored in an introductory chapter. Also included is a chapter exploring human rights interventions in such actions. Twelve case studies offer an extensive and comparative analysis across sixteen European jurisdictions. The basic defendants covered are squatters taking over a home, environmental protesters, licensees and former tenants. The case studies include, amongst others, self-help; restitution; competing claims to ownership (and the relevance of registration systems to claims to ownership); adverse possession; neighbours; nuisance and encroachment.
Author: Luz M. Martínez Velencoso
Publisher: Cambridge University Press
ISBN: 1107187095
Category : Law
Languages : en
Pages : 449
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Book Description
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
Author: Vincenzo Zeno-Zencovich
Publisher: Roma TrE-Press
ISBN: 8832136201
Category : Law
Languages : it
Pages : 132
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Book Description
La nuova edizione di questa Introduzione ai Sistemi giuridici comparati è stata aggiornata ed arricchita con una serie di illustrazioni seguendo il movimento del “Legal design”. Nel volume i sistemi giuridici sono visti come un insieme in cui ogni parte di essi è in relazione con le altre ed in un contesto globale con il quale sono in osmosi. Il volume è suddiviso in otto capitoli dedicati a: 1. Sistemi democratici. 2. Valori. 3. Il governo. 4. La dimensione economica. 5. Il ‘Welfare state’. 6. La repressione dei reati. 7. Giudici e giurisdizione. 8. Modelli per un mondo globalizzato.
Author: Yun-chien Chang
Publisher: Cambridge University Press
ISBN: 1009236598
Category : Law
Languages : en
Pages : 453
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Book Description
The book builds on hand-coded data on nearly 300 dimensions on the substance of property law in 156 jurisdictions globally and applies plain-language economic analysis to real-world legal schemes. Cutting-edge machine learning algorithms and statistical analysis are applied. Detailed citations to laws in each jurisdiction are useful to lawyers.
Author: Bram Akkermans
Publisher: Edward Elgar Publishing
ISBN: 1803924810
Category : Law
Languages : en
Pages : 287
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Book Description
Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.
Author: Sandra Passinhas
Publisher: Kluwer Law International B.V.
ISBN: 9403517913
Category : Law
Languages : en
Pages : 253
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Portugal 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 Portugal will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Author: Emma Lees
Publisher:
ISBN: 0198790953
Category : Law
Languages : en
Pages : 1316
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Book Description
This Handbook brings together the foremost authorities from around the world to provide the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries.
Author: Monika Hinteregger
Publisher: Cambridge University Press
ISBN: 9780521889971
Category : Law
Languages : en
Pages : 760
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Book Description
Providing a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability in Europe. It describes the relevant international treaties and the EC-Environmental Liability Directive and discusses the conflict of laws issues regarding transfrontier environmental damage. It also contains the results of a comparative project covering 14 jurisdictions in 13 European countries (Austria, Belgium, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Portugal, Scotland, Spain, Sweden) on the private law aspects of environmental liability. It addresses the main problems of the application of tort law in environmental law, such as the availability of non-fault liability, the establishment of causation, the scope of available remedies and the issue of legal standing. Due to the very limited harmonizing effect of the EC-Environmental Liability Directive national tort law will keep its importance in the field of environmental liability.
Author: Toshiyuki Kono
Publisher: BRILL
ISBN: 9004189912
Category : Law
Languages : en
Pages : 796
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Book Description
Since Emer de Vattel’s (1714-1767) pioneerering work on the importance of the protection of cultural property in the interests of mankind and human society, international law has broadened the scope and strengthened protection in these areas. However, it is the work of UNESCO and it’s original mission of producing international instruments that has, in recent years, enhanced the protection and safeguarding of various types of cultural heritage. Providing an overview of the seven Conventions with the two Protocols adopted by UNESCO and UNIDROIT, this book offers comparative analysis of legal schemes for the protection or safeguarding of cultural heritage in 15 countries. This is the publication of the reports presented at the First Intersessional Thematic Congress of the International Academy of Comparative Law in November 2008.
Author: Bram Akkermans
Publisher:
ISBN: 9789050958240
Category : Numerus clausus
Languages : en
Pages : 0
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Book Description
In order to develop a framework that can form a basis for the development of a European property law, this book provides a comparative analysis of property law from the perspective of four European legal systems and European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to shape property rights, or even create new types of rights. In the last decades, property law has come under pressure to allow more party autonomy. In other words, property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result, rights have come into existence that are intermediary between the law of contract and the law of property. Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognized. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.
