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Modern Studies in Property Law, Volume 10: Modern Studies in Property Law

Editat de Ben McFarlane, Dr Sinéad Agnew
en Limba Engleză Hardback – 29 mai 2019
This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute's Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject.
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Specificații

ISBN-13: 9781509921379
ISBN-10: 1509921370
Pagini: 464
Dimensiuni: 169 x 244 x 34 mm
Greutate: 3.58 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Modern Studies in Property Law

Locul publicării:London, United Kingdom

Caracteristici

The tenth volume in Hart's successful series, Modern Studies in Property Law, bringing together the best of property law scholarship in the UK and beyond.

Notă biografică

Ben McFarlane is Professor of Law at University College London.Sinéad Agnew is Lecturer in Property Law at University College London.

Cuprins

PART IMODERN CHALLENGES IN PROPERTY LAW1. Technology in Property: Putting You All on Notice Dame Elizabeth Gloster2. Restating the Architecture of Property Henry E Smith3. 'Judges are Human, Not Many People Know That': The Travails of the First Instance Judge Her Honour Judge Karen Walden-Smith PART IIPROPERTY: DEFINITION AND PROTECTION4. Defending Property: Self-help Remedies, the Use of Force, and the Concept of a Property Right Robin Hickey5. The Essence of Private Nuisance Donal Nolan6. Redrawing the Law's Definition of Property in the Light of Contemporary Use of Urban Surfaces Sue Farran7. Corporate Shares as Shares Larissa Katz8. The Proprietary Nature of Title-based Financing Interests Magda Raczynska PART IIILAND: RELATIONSHIPS AND REGULATION9. Remedies for Breaches of Rights to Light: Averting a Tragedy of the Anticommons Craig Rotherham10. Re-evaluating Recreational Easements - New Norms for the Twenty-First Century? Susan Pascoe11. The Recognition of Covenants in Gross in New Zealand: A Dangerous Advancement? Ben France-Hudson12. Security of Tenure in the Private Rented Sector in England: Balancing the Competing Property Rights of Landlords and Tenants Emily Walsh13. Long Leases and Affordable Housing: A Comparative Analysis of French and English Law Fabiana Bettini14. How is the Fit? The Regulation of Mortgages as Enduring Property Relationships Sarah Nield PART IVLAND REGISTRATION: PROBLEMS AND SOLUTIONS15. Updating Land Registration Law and Practice: Some Lessons from China Lu Xu16. Death, Lies, and Land Registration Siôn Hudson and Brian Sloan PART VTRUSTS: NATURE AND OPERATION17. The Paradox of the Equitable Proprietary Claim Sinéad Agnew and Ben McFarlane18. 'So How Should I Presume?': Loan, Resulting Trust, or Discharge of a Prior Obligation John Mee19. Trusts and Legal Transplants: Lessons from JapanJames C Fisher