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Possession is a topic which has been researched for centuries, yet there is a surprising dearth of comparative materials and also very little available in English about the law of non-Anglophone jurisdictions. Leaving aside the question of what possession is, this analysis concerns itself with the law's response to 'possession'. 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). Key Features * Written by an international set of contributors from jurisdictions including Germany, Italy, England, Quebec, Scotland and South Africa *Looks at common law, civil law and combined jurisdictions *The first synthesis of theory on the subject of possession * The Contributors: Craig Anderson, Lecturer in Law at Robert Gordon University, Aberdeen Raffaele Caterina, Professor of Law at the University of Turin Eric Descheemaeker, Lecturer in European Private Law at the University of Edinburgh Simon Douglas, CUF Lecturer in the University of Oxford and Fellow and Tutor in Law at Jesus College, Oxford Yaëll Emerich, Associate Professor at the Faculty of Law, McGill University, Montreal Robin Hickey, Senior Lecturer in Law at Queen's University Belfast Duard Kleyn, Professor of Law at the University of Pretoria Lena Kunz, Post-doctoral Researcher at the Institute of Legal History, University of Heidelberg Thomas Rüfner, Professor of Law at the University of Trier and Judge on the Court of Appeal in Koblenz
Possession (Law) --- Bailments --- Property --- Real property --- Things (Law) --- Comparative law --- Law of real property
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"This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing, this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, overindebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order."--Bloomsbury Publishing.
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muren --- wetten --- Law of real property --- scheidingsmuren --- Belgium --- Bouwrecht --- Droit de la construction --- 347.23 <493> --- Academic collection --- Recht ; de gemene muur --- 347.2 --- Eigendomsrecht--België --- Recht ; zakenrecht --- 347.23 <493> Eigendomsrecht--België
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Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naiveté. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles.Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.
Law --- Adversary system (Law) --- Lawyers --- Social justice. --- Simplicity (Philosophy) --- Philosophy --- Equality --- Justice --- Economic aspects --- Law of real property --- Law of obligations. Law of contract --- Tort and negligence --- Social aspects --- United States --- Economic policy --- Social policy --- Economic policy. --- Social policy.
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Women's access to land resources has been the subject of several studies and publications. However, few have explored this issue from the perspective of gender, and citizenship rights of rural women. In addition, researchers and development practitioners have lamented the acute shortage of reliable data and statistics, disaggregated by several perspectives (gender, ethnicity, agro-ecological location, among others) allowing detailed analyses of women's access to land in Senegal. This book has attempted to meet these interrelated demands. Combining quantitative and qualitative methods, and inte
Women's rights --- Rural women --- Women landowners --- Women --- Landowners --- Rights of women --- Human rights --- Civil rights --- Law and legislation --- Legal status, laws, etc. --- Sociology of the family. Sociology of sexuality --- Law of real property --- Senegal
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Party autonomy is a subject that is traditionally rejected in the field of property law. Legal systems throughout Europe and most parts of the world still found their property law on the lex situs. This point of view, however, is challenged more and more. The immense intensification of worldwide trade may have turned boundaries between countries into barriersin a world that needs flexibility.This book deals with important questions concerning this problem, including: What happens to property rights related to movables and claims when borders are crossed? Do we recognize a German retention of title or an American security right? Which law will apply: the law of the country of origin, the lex situs or the law of the country of destination? How does legislation concerning financial instruments relate to the problem, and what is it all worth in insolvency situations?
Law of real property --- International law --- Conflict of laws --- Property (International law) --- 347.2 --- Zakenrecht --- 347.2 Zakenrecht --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law --- Conflict of laws - European Union countries - Congresses --- Property (International law) - Congresses --- Droit des affaires (droit international)
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In the context of the harmonisation of European contract law this is a hot topic: The new volume of the Principles of European Law deals with mandate contracts, i.e. contracts whereby an agent concludes a contract with a third party for the benefit of a principal. The Principles of European Law on Mandate Contracts do not only mirror the provisions on these contracts in the Draft Common Frame of Reference (DCFR), but also contain a more comprehensive explanation of these provisions. Moreover, they provide details on the functioning of mandate contracts in the laws of the Member States. Thus, the principles are conducive to advance the process of Europeanisation of private law.
Law of obligations. Law of contract --- Law of real property --- Europe --- Mandate (Contract) --- Contracts --- E-books --- Contracts. --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Law and legislation --- Mandate (Contract) - European Union countries --- Mandat --- Pays de l'Union européenne
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Natural law --- Public law. Constitutional law --- Human rights --- Law of real property --- Rule of law --- Right of property --- Eminent domain --- Règle de droit --- Droit de propriété --- Expropriation --- Law - Non-U.S. --- Law, Politics & Government --- Law - Europe, except U.K. --- Règle de droit --- Droit de propriété --- Rule of law - Germany. --- Eminent domain - Germany. --- constitutional law --- fundamental rights --- democracy
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Tax law --- Law of real property --- Public law. Constitutional law --- Judicial review --- Constitutional law --- Property tax --- Law - Non-U.S. --- Law, Politics & Government --- Law - Europe, except U.K. --- Congresses --- General property tax --- Taxation of property --- Review, Judicial --- Taxation --- Wealth tax --- Capital levy --- Courts --- Delegation of powers --- Executive power --- Judicial power --- Legislation --- Legislative power --- Rule of law --- Separation of powers
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