Download or read book Introduction to French Law written by George A. Bermann and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between 'rules' and 'fu.
Download or read book Conceptualising Property Law written by Yaëll Emerich and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Download or read book Representations and Rights of the Environment written by Sandy Lamalle and published by Cambridge University Press. This book was released on 2023-01-31 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attending to the 'Cry of the Earth' requires a critical appraisal of how we conceive our relationship with the environment, and a clear vision of how to apprehend it in law and governance. Addressing questions of participation, responsibility and justice, this collective endeavour includes marginalised and critical voices, featuring contributions by leading practitioners and thinkers in Indigenous law, traditional knowledge, wild law, the rights of nature, theology, public policy and environmental humanities.Such voices play a decisive role in comprehending and responding to current global challenges. They invite us to broaden our horizon of meaning and action, modes of knowing and being in the world, and envision the path ahead with a new legal consciousness. A valuable reference for students, researchers and practitioners, this book is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.
Download or read book Consequences of Possession written by Eric Descheemaeker and published by Edinburgh University Press. This book was released on 2014-05-19 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first coherent analysis of the topic of possession from a comparative and historical legal perspective. The volume comprises contributions from some very distinguished scholars from the civilian tradition (Germany, Italy) as well as the common law (England) and mixed legal systems (Quebec, Scotland, South Africa).
Download or read book Property Meeting the Challenge of the Commons written by Ugo Mattei and published by Springer Nature. This book was released on 2023-03-23 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.
Download or read book The Worlds of the Trust written by Lionel Smith and published by Cambridge University Press. This book was released on 2013-08-22 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.
Download or read book Modern Studies in Property Law Volume 11 written by Sue Farran and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century? This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'. This collection looks at 5 themes: - Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective; - Taking and alienating property, including a chapter on bankruptcy and the family home; - Modern dilemmas, including chapters on trusts in virtual currency and on smart homes; - Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and - Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity. Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.
Download or read book Foundations of Property Law written by Christian von Bar and published by Oxford University Press. This book was released on 2023-08-25 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.
Download or read book Property Law Current Issues and Debates written by Paul Jackson and published by Routledge. This book was released on 2018-12-20 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in 1999. Questions of human rights, changes in social structures, economic climates and technological developments all impact on property law. This edited collection provides an in-depth analysis of present law and practical proposals for the future, written by the foremost international figures in the field from a variety of theoretical and professional backgrounds.
Download or read book Epistemology and Method in Law written by Geoffrey Samuel and published by Routledge. This book was released on 2016-12-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.
Download or read book Law of Obligations Legal Remedies written by Geoffrey Samuel and published by Routledge. This book was released on 2013-03-04 with total page 1049 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the notion of a law of obligations as a conceptual category in itself; and, in doing this, it presents the foundational material in a context that draws on some comparative and theoretical ideas while, at the same time, emphasising the special characteristics of the common law. The book is specifically designed to act as an introduction to the legal research skills of reasoning and method. It also looks at the foundations of civil liability in a way that emphasises the interrelationship of source materials, problem solving and conceptual analysis and justification.
Download or read book Early Modern Debts written by Laura Kolb and published by Springer Nature. This book was released on 2020-11-30 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early Modern Debts: 1550–1700 makes an important contribution to the history of debt and credit in Europe, creating new transnational and interdisciplinary perspectives on problems of debt, credit, trust, interest, and investment in early modern societies. The collection includes essays by leading international scholars and early career researchers in the fields of economic and social history, legal history, literary criticism, and philosophy on such subjects as trust and belief; risk; institutional history; colonialism; personhood; interiority; rhetorical invention; amicable language; ethnicity and credit; household economics; service; and the history of comedy. Across the collection, the book reveals debt’s ubiquity in life and literature. It considers debt’s function as a tie between the individual and the larger group and the ways in which debts structured the home, urban life, legal systems, and linguistic and literary forms.
Download or read book Comparative Perspectives on the Chinese Civil Code written by Meiling Huang and published by Taylor & Francis. This book was released on 2024-03-05 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code. The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system. This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.
Download or read book The Constitutional Dimension of Contract Law written by Luca Siliquini-Cinelli and published by Springer. This book was released on 2017-04-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.
Download or read book Rethinking Historical Jurisprudence written by Samuel, Geoffrey and published by Edward Elgar Publishing. This book was released on 2022-10-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine.
