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Author: Joshua Getzler
Publisher:
ISBN: 9780406964403
Category : Law
Languages : en
Pages : 0
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Book Description
This Festschrift is not only a tribute to the erudition which underlies Edward Burn's success as a teacher and academic writer but also a testimonial of the affection and esteem in which he is held by his students, his contemporaries and his numerous friends.
Author: Joshua Getzler
Publisher:
ISBN: 9780406964403
Category : Law
Languages : en
Pages : 0
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Book Description
This Festschrift is not only a tribute to the erudition which underlies Edward Burn's success as a teacher and academic writer but also a testimonial of the affection and esteem in which he is held by his students, his contemporaries and his numerous friends.
Author: Joshua Getzler
Publisher:
ISBN:
Category : Land tenure
Languages : en
Pages : 332
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Book Description
Author: Ben McFarlane
Publisher: Bloomsbury Publishing
ISBN: 1847317057
Category : Law
Languages : en
Pages : 889
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Book Description
Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009 In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how are they entitled to use it? Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This book provides a new perspective on property law. By setting out an underlying structure, it allows the reader to understand the fundamental principles of this difficult subject. By providing detailed coverage of individual topics, it shows how those principles apply in practice and provides a comprehensive resource for anyone studying, teaching, researching or practising in property law. The book is written in an accessible style, with frequent summaries and, in both its pages and companion web-site it makes use of helpful visual aids. It is ideal reading for law students seeking a rock-solid understanding of how property law and land law work, and contains sufficient detail for use as a course book in: " Property Law " Land Law " Personal Property Law The book also provides detailed analysis of core topics in: " Equity & Trusts " Commercial Law " Unjust Enrichment & Restitution See the companion website for this book: www.hartpub.co.uk/companion/propertylaw.html.
Author: Lionel Smith
Publisher: Cambridge University Press
ISBN: 1107276683
Category : Law
Languages : en
Pages : 585
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Book Description
Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.
Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1509900276
Category : Law
Languages : en
Pages : 465
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Book Description
Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
Author: Kevin J. Gray
Publisher: Oxford University Press, USA
ISBN: 019921378X
Category : History
Languages : en
Pages : 631
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Book Description
This fifth edition covers everything from the legal definition of land to the essential elements in a lease or tenancy and the function of covenants in the planning of land use.
Author: R. Eljalill Tauschinsky
Publisher: Springer Nature
ISBN: 3030263002
Category : Law
Languages : en
Pages : 241
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Book Description
This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission’s powers to adopt these important acts relates to subjects’ democratic rights. Accordingly, the book explores the question of how the Commission’s powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result as a fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships – loyalty – can be included in the rule-making process.
Author: Zhicheng WU
Publisher: BRILL
ISBN: 9004547932
Category : Law
Languages : en
Pages : 285
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Book Description
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
Author: Adam Kramer KC
Publisher: Bloomsbury Publishing
ISBN: 1847315542
Category : Law
Languages : en
Pages : 250
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Book Description
This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.
Author: David Cowan
Publisher: Bloomsbury Publishing
ISBN: 1509962786
Category : Law
Languages : en
Pages : 331
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Book Description
While there are plenty of land law textbooks on the market, there is, in general, an absence of critical texts designed for law students to deepen their understanding of the subject. Great Debates in Land Law provides students with the contextual and critical aspects of this exciting topic. Each chapter introduces topics for debate such as “Is tenancy a property or a personal right?” and goes on to include features such as boxed discursive notes from the authors, important cases and suggestions for further reading. The Great Debates series provides engaging and accessible analysis of the more advanced legal concepts. For books in the major taught subjects, such as land law, the series is designed for use by ambitious students alongside a main course textbook. For books addressing subjects that are less often taught (such as family law), the series provides a clear and critical exposition of the key areas of debate. By focussing on particular questions and tensions underlying a subject, Great Debates titles encourage students to think critically, analyse a topic and gain additional insights. These skills and the discursive nature of the series, with an emphasis on contentious topics, are also useful for students when preparing their dissertations.
