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This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property(including the special case of cultural property), and intangible movable property (including indirectly held securities).The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict oflaws.
This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and the author moves with assurance among philosophy, law and economics to present a very broad, interdisciplinary study.
The Land Transfer Act is at the heart of conveyancing law and practice, a field in which many lawyers - both specialist and generalist - work. This book is a rapid-response, practical guide to the important changes to New Zealand property law coming in with the new Land Transfer Act. The Land Transfer Act also deals with a range of more complex issues, such as mortgages, easements, covenants, and subdivisions. It is essential that practitioners have a strong understanding of Land Transfer legislation. A Practical Guide to the Land Transfer Act is the first text on the Act, which marks a big and important change to the land transfer system in New Zealand, and will include a precis of the legislation, as well as commentary on key issues. As such, it will be a first port of call for practitioners and students wanting to understand the legislation, and grapple with its principles, contents, and wording. It is an essential text for lawyers, legal executives, LINZ officers, and for students and academics.
Ownership of property is a matter of fact. For example, I have an immovable property and I can enjoy it till I am interrupted by some one. However in law a person in possession of property is not necessarily its owner. Yet a person in possession has certain rights. All these aspects of ownership and possession are discussed in this book. In addition to above there are various other matters. Like Lease of land. Gift of movable and immovable property. Exchange of properties. Mortgage of properties. Rights and duties of all the persons involved in all these transactions. These are other matters covered in this book. This book deals with each aspect of Transfer of Properties Act, 1882 as applicable in India and also contains relevant leading precedents on most of the subjects which act as example of the problems. A unique feature of this ebook is that most of the cases/precedents/judgments referred and relied have relevant para extracted in the ebook with live links to the judgments. No more searching for relevant judgments which are just a click away. A must for a legal practitioner or a litigant alike.
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.