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Modern Studies in Property Law, Volume 10

Modern Studies in Property Law, Volume 10

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509974238
  • 出版时间 December 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509921379

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  • 描述 
  • 大纲 
  • 详细

    This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research.

    This collection includes a keynote address by Dame Elizabeth Gloster, retired Vice President of the Court of Appeal (Civil Division), on technology in property law.

    It also includes plenary addresses by Professor Henry Smith, on the architecture of property law and the challenge of compiling the American Law Institute's Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases.

    Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights, and shares, and the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration.

    Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law, both of property law itself and of current research in the subject.

  • Part A – Modern Challenges in Property Law
    1. Technology in Property: Putting You All on Notice
    DAME ELIZABETH GLOSTER
    2. Restating the Architecture of Property
    HENRY E SMITH
    3. 'Judges are Human, Not Many People Know That': The Travails of the First Instance Judge
    HER HONOUR JUDGE KAREN WALDEN-SMITH
    Part B – Property: Definition and Protection
    4. Defending Property: Self-help Remedies, the Use of Force and the Concept of a Property Right
    ROBIN HICKEY
    5. The Essence of Private Nuisance
    DONAL NOLAN
    6. Redrawing the Law's Definition of Property in the Light of Contemporary Use of Urban Surfaces
    SUE FARRAN
    7. Corporate Shares as Shares
    LARISSA KATZ
    8. The Proprietary Nature of Title-based Financing Interests
    MAGDA RACZYNSKA
    Part C – Land: Relationships and Regulation
    9. Remedies for Breaches of Rights to Light: Averting a Tragedy of the Anticommons
    CRAIG ROTHERHAM
    10. Re-evaluating Recreational Easements – New Norms for the Twenty-First Century?
    SUSAN PASCOE
    11. The Recognition of Covenants in Gross in New Zealand: A Dangerous Advancement?
    BEN FRANCE-HUDSON
    12. Security of Tenure in the Private Rented Sector in England: Balancing the Competing Property Rights of Landlords and Tenants
    EMILY WALSH
    13. Long Leases and Affordable Housing: A Comparative Analysis of French and Englsih Law
    FABIANA BETTINI
    14. How is the Fit? The Regulation of Mortgages as Enduring Property Relationships
    SARAH NIELD
    Part D – Land Registration: Problems and Solutions
    15. Updating Land Registration Law and Practice: Some Lessons From China
    LU XU
    16. Death, Lies, and Land Registration
    SIÔN HUDSON AND BRIAN SLOAN
    Part E – Trusts: Nature and Operation
    17. The Paradox of the Equitable Proprietary Claim
    SINÉAD AGNEW AND BEN McFARLANE
    18. 'So How Should I Presume?': Loan, Resulting Trust, or Discharge of a Prior Obligation
    JOHN MEE
    19. Trusts and Legal Transplants: Lessons from Japan
    JAMES C FISHER

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