New Perspectives On Acquisitive Prescription

Author : Björn Hoops,Ernst Marais
Publisher : Unknown
Page : 305 pages
File Size : 47,7 Mb
Release : 2019
Category : Law
ISBN : 9462369593

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New Perspectives on Acquisitive Prescription by Björn Hoops,Ernst Marais Pdf

Landownership is a cornerstone of our economic and social system, as it enables people to lead self-fulfilling lives by allowing them to participate in human activities. It also provides the necessary security for long-term investment and economic development. These purposes are undermined when non-owners acquire the ownership of land against the owner's wishes. Yet, both acquisitive prescription and adverse possession deprive owners of their property against their will. This book offers fresh perspectives on existing debates about whether these legal institutions still serve legitimate goals in contemporary society. To the extent that they still have a societal function, the contributors to this book inquire whether the requirements for an acquisition by a non-owner should be changed. They pay particular attention to the role of land registration systems in the context of these legal institutions and shed light on whether there should be alternative remedies available, such as compensation for the loss of land.

Author : Björn Hoops
Publisher : Unknown
Page : 128 pages
File Size : 49,8 Mb
Release : 2019
Category : Electronic
ISBN : 9462747474

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New Perspectives on Acquisitive Prescription by Björn Hoops Pdf

Author : Amy Goymour,Stephen Watterson,Martin Dixon
Publisher : Bloomsbury Publishing
Page : 567 pages
File Size : 46,9 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509906048

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New Perspectives on Land Registration by Amy Goymour,Stephen Watterson,Martin Dixon Pdf

The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation's interpretation and application has since generated many unanticipated problems which demand attention. In this book's twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.

Author : Lorna Fox O'Mahony,Marc L. Roark
Publisher : Cambridge University Press
Page : 497 pages
File Size : 43,9 Mb
Release : 2022-08-25
Category : Law
ISBN : 9781108862912

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Squatting and the State by Lorna Fox O'Mahony,Marc L. Roark Pdf

Squatting and the State offers a new theoretical and methodological approach for analyzing state response to squatting, homelessness, empty land, and housing. Embedded in local, national, and transnational contexts, and reaching beyond conventional property theories, this important work sets out a fresh analytical paradigm for understanding the deep, interlocking problems facing not just the traditional 'victims' of narratives about homelessness and squatting but also a variety of other participants in these conflicts. Against the backdrop of economic, social, and political crises, Squatting and the State offers readers important insights about the changing natures of property, investment, housing, communities, and the multi-level state, and describes the implications of these changes for how we think and talk about property in law.

Author : Robert C. Ellickson,Carol M. Rose,Henry E. Smith
Publisher : Aspen Publishing
Page : 709 pages
File Size : 50,5 Mb
Release : 2023-02-01
Category : Law
ISBN : 9781543856163

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Perspectives on Property Law by Robert C. Ellickson,Carol M. Rose,Henry E. Smith Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team

Author : Javier Plaza Penadés,Luz M. Martínez Velencoso
Publisher : Springer
Page : 311 pages
File Size : 48,9 Mb
Release : 2014-11-04
Category : Law
ISBN : 9783319104973

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European Perspectives on the Common European Sales Law by Javier Plaza Penadés,Luz M. Martínez Velencoso Pdf

This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​

Author : M. Durham,Margaret Power
Publisher : Springer
Page : 207 pages
File Size : 42,8 Mb
Release : 2016-06-08
Category : History
ISBN : 9780230115521

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New Perspectives on the Transnational Right by M. Durham,Margaret Power Pdf

The links the conservative Right has sought to forge beyond the national over the last century have been too often neglected, and this volume sheds new light on transnationalism, the Right, and the ways the two interact.

Author : Peter Birks
Publisher : Unknown
Page : 258 pages
File Size : 50,9 Mb
Release : 1989
Category : Law
ISBN : UOM:39015014935434

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New Perspectives in the Roman Law of Property by Peter Birks Pdf

This collection of essays, contributed by friends and colleagues of Barry Nicholas, is a Festschrift to mark the occasion of his 70th birthday, and it is also an important contribution to the study of a specific area of Roman Law.Barry Nicholas is one of the leading comparatists and Roman lawyers of his day. For many years All Souls Reader in Roman Law, and then Professor of Comparative Law in the University of Oxford, he retires this year after more than 10 years as Principal of Brasenose College.

Author : Paul Babie,Jessica Viven-Wilksch
Publisher : Springer Nature
Page : 419 pages
File Size : 40,8 Mb
Release : 2019-09-07
Category : Law
ISBN : 9789811371899

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Léon Duguit and the Social Obligation Norm of Property by Paul Babie,Jessica Viven-Wilksch Pdf

This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.

Author : Daniel Lee
Publisher : Oxford University Press
Page : 321 pages
File Size : 44,5 Mb
Release : 2021
Category : Law
ISBN : 9780198755531

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The Right of Sovereignty by Daniel Lee Pdf

Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.

Author : Catherine Dauvergne
Publisher : Cambridge University Press
Page : 301 pages
File Size : 44,6 Mb
Release : 2016-03-21
Category : Law
ISBN : 9781107054042

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The New Politics of Immigration and the End of Settler Societies by Catherine Dauvergne Pdf

This book analyzes the contemporary politics of immigration from the asylum crisis to Islamophobia, multiculturalism, and post-colonialism.

Author : Anonim
Publisher : Oxford University Press
Page : 646 pages
File Size : 53,5 Mb
Release : 2023-10-17
Category : Law
ISBN : 9780198877462

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The 1972 World Heritage Convention by Anonim Pdf

Almost fifty years have passed since the adoption of the Convention Concerning the Protection of the World Cultural and Natural Heritage (the UNESCO World Heritage Convention). With its 194 States Parties, it is the most widely ratified convention within the family of UNESCO treaties on the protection of cultural heritage. The success of this Convention and its almost universal acceptance by the international community of states is due to the great appeal that recognising certain properties as “world heritage” has for national governments. Since the publication of the first Commentary, new problems have arisen in the management of world heritage sites. It has become increasingly difficult to properly monitor the conservation of the ever-growing mass of sites inscribed in the World Heritage List, and to resolve disputes over the formal designation of contested world heritage properties - a problem that has led to the withdrawal of the United States and Israel from UNESCO. New frontiers are now being explored for the expansion of the world heritage idea over marine areas beyond national jurisdiction, and the monopoly of the State in the identification, delineation, and presentation of world heritage properties is being increasingly challenged in the name of indigenous peoples' rights and by local communities claiming ownership over contested cultural sites. At the same time, the regime of world heritage protection has infiltrated other areas of international law, especially international economic law, investment arbitration, and the area of international criminal law. This second edition critically examines the World Heritage Convention against this dynamic evolution of international heritage law to help academics, lawyers, diplomats, and officials interpret and apply the norms of the Convention after half a century of uninterrupted implementing practice by State Parties and Treaty Bodies.

Author : David A. Welch
Publisher : Cambridge University Press
Page : 356 pages
File Size : 45,5 Mb
Release : 1995-08-10
Category : History
ISBN : 0521558689

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Justice and the Genesis of War by David A. Welch Pdf

Studies of the causes of wars generally presuppose a 'realist' account of motivation: when statesmen choose to wage war, they do so for purposes of self-preservation or self-aggrandizement. In this book, however, David Welch argues that humans are motivated by normative concerns, the pursuit of which may result in behaviour inconsistent with self-interest. He examines the effect of one particular type of normative motivation - the justice motive - in the outbreak of five Great Power wars: the Crimean war, the Franco-Prussian war, World War I, World War II, and the Falklands war. Realist theory would suggest that these wars would be among the least likely to be influenced by considerations other than power and interest, but the author demonstrates that the justice motive played an important role in the genesis of war, and that its neglect by theorists of international politics is a major oversight.

Author : Anonim
Publisher : Tulane Law Review Associati
Page : 276 pages
File Size : 53,6 Mb
Release : 1993
Category : Law reviews
ISBN : 00413992

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Tulane Law Review by Anonim Pdf

Author : Académie de droit international de La Haye
Publisher : Martinus Nijhoff Publishers
Page : 428 pages
File Size : 42,8 Mb
Release : 1988
Category : Law
ISBN : 0792300580

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Aircraft Accidents in the Conflict of Laws by Académie de droit international de La Haye Pdf

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .