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Basically a revised edition of [the author's] A preliminary survey of the law of real property.
The 7th edition of this bilingual casebook has been comprehensively updated with new cases. Cases on constitutional law and land reform in the sections on common law principles illustrate the interplay between the common law, constitutional law and land reform. The purpose of the casebook is to provide access to elementary case law in a first course in property law. In the introductory section of the casebook the layout and structure of the case reports are discussed and explained, and students are provided with practical hints and advice regarding the reading of cases. One case is reproduced in full and used as an example of how cases should be analysed and read. Other cases are reproduced as fully as possible to allow students to develop and exercise their own skills in the analysis and reading of cases. The casebook should be used together with the 6th edition of Van der Walt and Pienaar's Introduction to the Law of Property and Inleiding tot die Sakereg, but references to other textbooks have also been included.
This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.
Argentina’s new Civil and Commercial Code Código Civil y Comercial de la Nación has led to the adoption of a number of modern institutions in several branches of law. This book provides a review of them identifying the basic legal sources and concepts of Argentinian law as it stands today. It offers an up-to-date, systematic, and critical rendition of the principal branches of the law and provides the necessary historical background. With twelve chapters written by Argentinian experts in their respective fields of law, this is the ideal starting point for research whenever a question of Argentinian law must be answered. The authors clearly explain the legal customs, provisions, and rules arising in the following areas: - sources and history; – constitutional law; – administrative law; – law of the persons; – legal persons; – family law; – contract law; – law of property; – inheritance law; – criminal law; – procedural law; and – private international law. A detailed bibliography follows each chapter. This concise and practical guide is sure to provide interested parties with a speedy and reliable opening to whatever aspect of Argentinian law they need to research. It will be welcomed by practicing lawyers, business people, government officials, academic researchers, and law stu dents interested in an overview of Argentinian law and institutions.
In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
Principles of Property Law offers a critical and contextual analysis of fundamental property law, providing students with the tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a variety of factors. Also drawing on concepts of property developed by political theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters and how the theory connects with the real world. Suitable for undergraduates studying property and land law in England, Wales and Northern Ireland, as well as postgraduate students seeking an accessible analysis.
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.