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Modern Studies in Property Law, Volume 11

Modern Studies in Property Law, Volume 11

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509939275
  • 出版时间 August 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509974344
¥1,527.50
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  • 描述 
  • 大纲 
  • 详细

    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.

  • I. Comparative Perspectives
    1.Is the Grass Always Greener? Understanding Grazing and Cropping Rights in Northern Ireland
    Bróna McNeill (Queen's University Belfast, UK)
    2. Caveat Venditor: Let the Vendor Beware
    Christopher Pearce (University of New South Wales, Australia)
    3. Anomalies of English Trust Law: A Comparative Study
    Rafael Ibarra Garza (Universidad de Monterrey, Mexico)
    4. Between Concepts and Policy: The Constructive Trust between Vendor and Purchaser in a Mixed Legal Tradition
    Pablo Lerner (Zefat Academic College, Israel)
    II. Taking and Alienating Property
    5. Property, Equality, and the Freedom to Discriminate: The Case of the Discriminatory Gift
    Jonas-Sébastien Beaudry (McGill University, Canada) and Aruna Nair (University of Oxford, UK)
    6. Bankruptcy and the Family Home: The Case for Imputing Insolvency Irregularities and a Presumption of Creditor Interests
    John Tribe (University of Liverpool, UK)
    7. Justifying Security of Tenure: The Parameters of the Landlord and Tenant Relationship
    Emma Lees (University of Cambridge, UK)
    III. Modern Dilemmas
    8. Trusts in Virtual Currency
    Joshua Teng (Skrine, Malaysia)
    9. Smart Homes
    Sean Thomas (University of York, UK)
    IV. Old Chestnuts: New Challenges
    10. Mortgage Law Reform in Scotland: Fifty Years Apart
    Andrew Steven (University of Edinburgh, UK)
    11. Easements, the Ouster Principle and Coherence Across the Common Law World
    Ben France-Hudson (University of Otago, New Zealand)
    12. Mapping Bad Charity
    John Picton (University of Liverpool, UK)
    V. Wills, Death and Other Morbid Topics
    13. A Validating Power for English Succession Law
    Richard Hedlund (University of Lincoln, UK)
    14. The Role of Knowledge and Approval in Retrospective Assessments of Capacity
    Juliet Brook (University of Portsmouth, UK)

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