Author: Yun-chien Chang
Publisher: Cambridge University Press
ISBN: 1316033384
Category : Law
Languages : en
Pages : 365
Get Book Here
Book Description
Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy and Austria.
Author: Shitong Qiao
Publisher: Cambridge University Press
ISBN: 1316812162
Category : Law
Languages : en
Pages : 231
Get Book Here
Book Description
Small property houses provide living space to about eight million migrant workers, office space for start-ups, grassroots police stations and public schools; their contribution to the economic growth and urbanization of a city is immense. The interaction between the small property sector and the formal legal order has a long history and small property has become an established engine of social and legal change. Chinese Small Property presents vivid stories about how institutional entrepreneurs worked together to create an impersonal market outside of the formal legal system to support millions of transactions. Qiao uses an eleven-month fieldwork project in Shenzhen - China's first special economic zone that has grown to a mega city with over fifteen million people - to demonstrate this. A thorough and detailed investigation into small property rights in China, Chinese Small Property is an invaluable source of new information for students and scholars of the field.
Author: Shitong Qiao
Publisher: Cambridge University Press
ISBN: 1107176239
Category : Business & Economics
Languages : en
Pages : 231
Get Book Here
Book Description
Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.
Author: Georgy Kantor
Publisher: Oxford University Press
ISBN: 0192543768
Category : Law
Languages : en
Pages : 439
Get Book Here
Book Description
In this volume, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law. Anthropological and historical studies enable us to interrogate these assumptions. The articles here, ranging from Roman provinces to modern-day piracy in Somalia, address questions such as: How are legal property regimes intertwined with economic, moral-ethical, and political prerogatives? How far do the assumptions of the western philosophical tradition explain property and ownership in other societies? Is the 'bundle of rights' a useful way to think about property? How does legalism negotiate property relationships and interests between communities and individuals? How does the legalism of property respond to the temporalities and materialities of the objects owned? How are property regimes managed by states, and what kinds of conflicts are thus generated? Property and ownership cannot be reduced to natural rights, nor do they straightforwardly reflect power relations: the rules through which property is articulated tend to be conceptually subtle. As the fourth volume in the Legalism series, this collection draws on common themes that run throughout the first three volumes: Legalism: Anthropology and History, Legalism: Community and Justice, and Legalism: Rules and Categories consolidating them in a framework that suggests a new approach to legal concepts.
Author: Yun-chien Chang
Publisher: Cambridge University Press
ISBN: 1316824683
Category : Law
Languages : en
Pages : 526
Get Book Here
Book Description
Past research and literature suggest that legal institutions drive economic development. Yet China has grown for decades without the fundamental legal infrastructure that was once considered necessary. This is called the 'China puzzle' or the 'China myth'. By carefully comparing the four key branches of private law in China and Taiwan - a jurisdiction that grew with modest legal institutions and shares similar legal and non-legal culture - this collaborative and novel book demystifies the 'China puzzle'. Top scholars in the field use an economics-focused analytical approach to explain how and why the laws have taken such paths over the past four decades. Comparing property, contract, tort, and corporate laws in China and Taiwan, these authors delve deeply into key doctrines to provide a meaningful account of the evolution of private law in these two jurisdictions.
Author: Michele Graziadei
Publisher: Edward Elgar Publishing
ISBN: 1785369164
Category : Law
Languages : en
Pages : 515
Get Book Here
Book Description
Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Author: Madeleine Martinek
Publisher: Springer
ISBN: 3319776169
Category : Law
Languages : en
Pages : 354
Get Book Here
Book Description
This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.
Author: Alan R. Romero
Publisher: John Wiley & Sons
ISBN: 1118503228
Category : Law
Languages : en
Pages : 384
Get Book Here
Book Description
The easy way to make sense of property law Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools. Property Law For Dummies tracks to a typical property law course and introduces you to property law and theory, exploring different types of property interests—particularly "real property." In approachable For Dummies fashion, this book gives you a better understanding of the important property law concepts and aids in the reading and analysis of cases, statutes, and regulations. Tracks to a typical property law course Plain-English explanations make it easier to grasp property law concepts Serves as excellent supplemental reading for anyone preparing for their state's Bar Exam The information in Property Law For Dummies benefits students enrolled in a property law course as well as non-students, landlords, small business owners, and government officials, who want to know more about the ins and outs property law.
Author: Chun Peng
Publisher: Cambridge University Press
ISBN: 1108126057
Category : Law
Languages : en
Pages : 353
Get Book Here
Book Description
One of the most pressing issues in contemporary China is the massive rural land takings that have taken place at a scale unprecedented in human history. Expropriation of land has dispossessed and displaced millions for several decades, despite the protection of property rights in the Chinese constitution. Combining meticulous doctrinal analysis with in-depth historical investigation, Chun Peng tracks the origin and evolution of China's rural land takings law over the twentieth century and demonstrates an enduring tradition of land takings for state-led social transformation, under which the takings law is designed to be power-confirming. With changed socio-political circumstances and a new rights-respecting constitutional agenda, a rebalance of the law is now underway, but only within existing parameters. Peng provides a piercing analysis of how land has been used by the largest developing country in the world to develop itself, at what costs and where the future might be.
Author: Martin Dixon
Publisher: Taylor & Francis
ISBN: 1000899144
Category : Law
Languages : en
Pages : 712
Get Book Here
Book Description
Modern Land Law is one of the most current and reliable textbooks available on land law today, offering a lively and thought-provoking account of a subject that remains at the heart of our legal system. Providing an accessible approach to a complex subject, this compact textbook provides an absorbing analysis of all the key legal principles relating to land. Written with students firmly in mind, a clear introduction to every chapter frames each topic in its wider context and corresponding chapter summaries help to consolidate learning and encourage reflection. The 13th edition has been revised and brought fully up to date to address all major developments in the law, and includes key recent cases, such as Hudson v Hathway and Global 100 v Laleva in the Court of Appeal.
