An Essay on Possession in the Common Law PDF Download
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Author: Frederick Pollock
Publisher:
ISBN:
Category : Possession (Law)
Languages : en
Pages : 310
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Book Description
Author: Frederick Pollock
Publisher:
ISBN:
Category : Possession (Law)
Languages : en
Pages : 268
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Book Description
Author: Frederick Pollock
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 166
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Book Description
Author: Lorna Fox O'Mahony
Publisher: Bloomsbury Publishing
ISBN: 1847312918
Category : Law
Languages : en
Pages : 568
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Book Description
It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.
Author: Joseph Alexander Shearwood
Publisher:
ISBN:
Category : Conveyancing
Languages : en
Pages : 320
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Book Description
Author: Luke Rostill
Publisher: Oxford University Press
ISBN: 0192581058
Category : Law
Languages : en
Pages : 194
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Book Description
This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.
Author: Yun-chien Chang
Publisher: Cambridge University Press
ISBN: 1316033384
Category : Law
Languages : en
Pages : 365
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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: William Blake Odgers
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 396
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Book Description
Author: Robin Hickey
Publisher: Bloomsbury Publishing
ISBN: 1847315550
Category : Law
Languages : en
Pages : 202
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Book Description
Are finders keepers? This most simple of questions has long evaded a satisfactory legal answer. Generally it seems to have been accepted that a finder acquires a property right in the object of her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This first full-length treatment of finders sets them in their legal-historical context, and discovers a fascinating area of law lying at the crossroads of crime, obligations, and property. That on the same facts a finder might be thief, bailee, and/or property right holder has clouded our conceptual analysis, and prevented us from stating simply our rules about finding. Nonetheless, when the applicable doctrines and policies of our property law (particularly the central concept of possession) are explored and understood in the light of countervailing rules of crime and tort, we can argue confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument, and will appeal to anyone specifically interested in the law of personal property, and also to those with broader concerns about the evolution of common law concepts and their ability to yield workable, practical solutions.
Author: Moses I. Finley
Publisher: Transaction Publishers
ISBN: 9781412835350
Category : History
Languages : en
Pages : 392
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Book Description
In this classic study of the social and economic aspects of landcredit relationships in ancient Athens, first published in 1952, Moses Finley presents a systematic account of the guarantee aspects of credit. He examines the outward forms of credit transactions, the legal instruments employed, the kind of real property customarily used to guarantee debts, and the parties engaged in these transactions.
Author: Daniel Fitzpatrick
Publisher: Routledge
ISBN: 1000391795
Category : Law
Languages : en
Pages : 192
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Book Description
This book re-considers property law for a future of environmental disruption. As slogans such as “build the wall” or “stop the boats” affect public policy, there are counter-questions as to whether positivist or statist notions of property are fit for purpose in a time of human mobility and environmental disruption. State-centric property laws construct legal fictions of sovereign control over land, notwithstanding the persistent reality of informal settlements in many parts of the Global South. In a world affected by catastrophic disasters, this book develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies, and natural disasters.
