Download or read book Land Ownership Right in European Countries written by Oleg Igorevich Krassov and published by XSPO . This book was released on with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph presents the legal regulation system of land ownership relations in the law of continental European countries, English common law and Russian law. The concepts of ownership right and land ownership right existing in civil law, common law and Russian land law are analyzed. The land ownership right is considered as a complex legal institution regulated by the constitutional, civil, and land law norms, as well as legislation on planning the use of land, on environmental protection, water, forestry, on the subsoil, on the protection of historical and cultural sites, etc. The monograph is targeted to students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land ownership issues.
Download or read book European Land Law written by Peter Sparkes and published by Bloomsbury Publishing. This book was released on 2007-11-30 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his remarkable, path-breaking new book, Peter Sparkes takes stock of the development of a distinctive body of European land law, taking as his starting point the idea that methods of land-holding permitted by a legal system both shape and reflect the attitudes of the land owners and society in general. However it quickly becomes very difficult to test that idea when the society in question is governed by an internal market composed of 30 countries (the EU-27, including Bulgaria and Romania, and the EEA-3), whose property systems differ so markedly and which reflect such widely differing cultures. Yet the internal market has already effected a gradual equalisation and standardisation across Europe as foreign capital spreads to create equality of yield. "We all become better off by joining a larger trading block but the social consequences will be profound: Brits will need to emigrate to the continent to afford a home, Bulgarians will need to make way for them along the Black Sea coast, and title deeds will be reshuffled all over Europe on a giant Monopoly board" writes the author in his preface, before embarking on a dispassionate examination of the beginning of that process of profound change. The opening chapters are devoted to an explanation of how the internal market has created a substantive European land law. Chapter 3 examines the rise of a distinctive European land law, and the development of conflicts principles applying to recovery of land. Chapters 5 to 9 on the marketing and sale of land focus upon Community competence on consumer protection. The decision to treat land as a product like any other in the Unfair Commercial Practices Directive will have wide ranging and far reaching implications and, apart from marketing of land and of timeshares, other chapters deal with conveyancing, contracting and the emerging market in mortgage credit. The book concludes with a miscellany of conflicts rules which are gradually coalescing and form the elements from which a substantive European land law can be forged. A number of topics which it is not possible to cover in detail (VAT, other taxes, environmental controls and agriculture) are touched on briefly, and the same is true of international aspects of trusts and succession.
Download or read book European and National Property Law written by J. H. M. van Erp and published by Europa Law Publishing. This book was released on 2006 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of The Walter van Gerven Lectures series examines the relationship between European and national property law. One of the pillars of the economic constitution of the EU is what might be called "freedom of property." It is, however, not really clear what is meant by "property" and "property rights" in a private law sense. How can property rights, or rights against the world, be defined at a European level? Under the surface of the differing rules, European property law systems seem to share several leading policies and principles, yet existing differences should not be ignored. A search for common policies, principles, concepts, and rules is badly needed. The lecture documented in this book provides research, examining problem areas and presenting suggestions.
Download or read book Transfer of Immovables in European Private Law written by Luz M. Martínez Velencoso and published by Cambridge University Press. This book was released on 2017-05-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
Download or read book The Future of European Property Law written by Sjef Erp van and published by Walter de Gruyter. This book was released on 2012-05-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities
Download or read book Before Eminent Domain written by Susan Reynolds and published by Univ of North Carolina Press. This book was released on 2010 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the in
Download or read book The Principle of Numerus Clausus in European Property Law written by Bram Akkermans and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to develop a framework that can form a basis for the development of a European property law, this book provides a comparative analysis of property law from the perspective of four European legal systems and European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to shape property rights, or even create new types of rights. In the last decades, property law has come under pressure to allow more party autonomy. In other words, property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result, rights have come into existence that are intermediary between the law of contract and the law of property. Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognized. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.
Download or read book European Land Law written by Jeremy Horder and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of jurisdictions world-wide have changed or are considering changing their homicide laws. Important changes have now been recommended for England and Wales, and these changes are an important focus in the book, which brings together leading experts from jurisdictions across the globe (England and Wales; France; Germany; Scotland; Australia; The United States of America; Canada; Singapore and Malaysia) to examine key aspects of the law of homicide. Key areas examined include the structure of the law of homicide and the meaning of fault elements. For example, the definition of murder, or its equivalent, is very different in France and Germany from the definition used in England and Wales. French law, like the law in a number of American states, ties the definition of murder to the presence or absence of premeditation, unlike the law in England and Wales. Every jurisdiction tries to learn from the experience of others, and this book seeks to make a contribution to that process, as well as providing a lively and informative resource for scholars and students.
Download or read book The EU Regulations on the Property Regimes of International Couples written by Ilaria Viarengo and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. Written by experts from a variety of European countries, it offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.
Download or read book Creating Property Rights written by Margherita Colangelo and published by Martinus Nijhoff Publishers. This book was released on 2012-04-19 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation by government regulation of entitlements akin to property rights is a widespread phenomenon imposing a reconsideration of the traditional categories of public and private property. The allocation of such rights that lack an explicit legislative definition but are object of relevant social and legal interests is a very complex topic, which has become very acute in cases where markets have been established for them. The analysis of the systems created for the allocation and management of these rights is the core of this book, which examines four emblematic examples: airport slots, spectrum rights, milk quotas and emission allowances. The book focuses on the European level, including legislation and the most relevant policy issues, by means of a comparative method involving private law, public law and law and economics approaches.
Download or read book Tenancy Law and Housing Policy in Europe written by Christoph U. Schmid and published by Edward Elgar Publishing. This book was released on 2018-01-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tenancy law has developed in all EU member states for decades, or even centuries, but constitutes a widely blank space in comparative and European law. This book fills an important gap in the literature by considering the diverse and complex panorama of housing policies, markets and their legal regulation across Europe. Expert contributors argue that that while unification is neither politically desired nor opportune, a European recommendation of best practices including draft rules and default contracts implementing a regulatory equilibrium would be a rewarding step forward.
Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Download or read book The Law of Property in the European Community written by Commission of the European Communities and published by . This book was released on 1976 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transfer of Immovables in European Private Law written by Luz M. Martínez Velencoso and published by Cambridge University Press. This book was released on 2017-05-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transfer of immovables in Europe creates a series of challenges and questions in practice. The increase in cross-border transactions of immovable property within the European Union has created a demand for knowledge of the system of land registration across a range of jurisdictions. This volume compares and contrasts the different legal processes of seventeen countries and includes a comprehensive analysis of the transfer of immovables and the Land Register in Europe. With fifteen case studies, it provides both theoretical and practical information on the applicable contract and land law. This volume encourages the reader to evaluate legal issues by using the wider European legal sources available. For this very purpose, it is an important research tool for comparative study in the field.
Download or read book Contexts of Property in Europe written by Rosa Congost and published by Brepols Publishers. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book tap the potential of the historical analysis of social contexts in which property rights are embedded - social relations, power and agency, political institutions, culture - to understand how landed resources are actually appropriated. This exploratory approach seeks both to take advantage of the existing theory of property rights, as it is applied by the institutionalist outlook on economic history, and to go beyond it by explicitly incorporating social processes and factors in the analysis of property institutions. With this common aim in mind, the book covers a wide variety of historical cases throughout space and time, from the late Middle Ages in the Czech lands and in Tuscany to the very recent de-collectivisation of the countryside in former socialist countries, which will contribute rich and grounded insights to the discussion of the topic and of its implications.
Download or read book EU Agricultural Law and Policy written by Joseph A. McMahon and published by Edward Elgar Publishing. This book was released on 2019 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following an introductory discussion of the Treaty provisions on agriculture, this illuminating work examines the four regulations that currently govern the Common Agricultural Policy in the areas of Direct Payments, Rural Development, Finance, and the Common Organisation of the markets and considers their interpretation by the European Courts. It concludes with an astute assessment of the proposals for further reform, which will give Member States greater discretion in fine-tuning the principles of the policy established at European level to the particular characteristics of their agricultural sector.
Download or read book The Distinction of Land and Goods in English French German and EU Law written by Shaun Charlton and published by V&R Unipress. This book was released on 2022-07-11 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most national law expositions leave a distinct impression of a naturalistic approach to the categorisation of property. The view advocated in this study is that the accession or severance of things to and from land as a 'natural scientific enquiry' based exclusively on blends of physical attachment to or socially-expressed intention in respect of land is misleading, or, at least, not decisive. National law accounts of the rules governing the distinction of land and goods need recalibrating to take account of the purpose, or the legal reasons, why land is being distinguished from goods. This is well illustrated by the example of standing timber, variously described doctrinally and in the national case-law as integral parts of land or (presently-existing or future) goods. Purpose of classification reveals the many nuances of competing policy considerations and, in turn, better reflects the law as it stands. The same principles may be applied to the case-law of the CJEU.
