Modern studies in property law

著者

• Cooke, Elizabeth
• Dixon, Martin
• Bright, Susan
• Barr, Warren
• Hopkins, Nicholas
• Conway, Heather (Law teacher)
• Hickey, Robin
• McFarlane, Ben
• Agnew, Sinéad

書誌事項

Modern studies in property law

Elizabeth Cooke

Hart Pub., 2005-

• v. 3
• v. 4
• v. 5
• v. 6
• v. 7
• v. 8
• v. 9
• v. 10

注記

Includes bibliographical references and index

Vol. 5: edited by Martin Dixon

Vol. 6: edited by Susan Bright

Vol. 7: edited by Nicholas Hopkins

Vol. 8: edited by Warren Barr

Vol. 9: edited by Heather Conway and Robin Hickey

Vol. 10: edited by Ben McFarlane and Sinéad Agnew

子書誌あり

内容説明・目次

巻冊次

v. 10 ISBN 9781509921379

内容説明

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, former 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, 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 and of current research in the subject.

目次

PART I 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 II 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 III 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 English Law Fabiana Bettini 14. How is the Fit? The Regulation of Mortgages as Enduring Property Relationships Sarah Nield PART IV LAND REGISTRATION: PROBLEMS AND SOLUTIONS 15. Updating Land Registration Law and Practice: Some Lessons from China Lu Xu 16. Death, Lies, and Land Registration Sion Hudson and Brian Sloan PART V TRUSTS: NATURE AND OPERATION 17. The Paradox of the Equitable Proprietary Claim Sinead 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

巻冊次

v. 9 ISBN 9781782257547

内容説明

This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen's University Belfast in April 2016. It is the ninth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Following a foreword from the keynote speaker at the Conference, Queen's alumnus Lord Kerr of Tonaghmore, the chapters address a range of issues, from the nature of land law and property rights, through claims to the home and digital assets, to the growing debate on the nature of public property. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

目次

Part A: Land Law and the Nature of Property Rights in Land 1. The Organic Nature of the Law of Real Property: Reforming Modern Land Law MARTIN DIXON 2. Rethinking the Rules for the Proprietary Effect of Freehold Covenants JAMES C FISHER 3. Proportionality and the Vindication of Property Rights SARAH NIELD 4. Adverse Possession, Unregistered Land and Title Defects: A Fly in the Ointment of Irish Reform? UNA WOODS 5. Repudiatory Breach of Leases-Hard Lessons for the 'Contractualisation' of Leasehold Law WARREN BARR Part B: Life and Death in Property Law 6. The 'New' New Property: Dealing with Digital Assets on Death HEATHER CONWAY AND SHEENA GRATTAN 7. The Neighbour, The Carer and The Old Friend-The Complex World of Testamentary Capacity JULIET BROOK 8. Disability Discrimination: Recasting the Parameters of Proprietary Rights? SUSAN PASCOE 9. Charges for Charges: Home Sales under the Care Act 2014 BRIAN SLOAN 10. Egoism and the Return of Charitable Gifts JOHN PICTON Part C: Fraud and Title 11. Points of Tension: Fraud and Challenges under Guarantee of Titles Regimes ROD THOMAS 12. How Should a System of Registered Title to Property Respond to Fraud and Sharp Practice? GRAHAM FERRIS 13. Sham Trusts SIMON DOUGLAS AND BEN MCFARLANE Part D: Property, Place, and Development 14. Planning Law Reform and Reconceptualising the Regulation of Land Use CHRIS WILLMORE 15. The Anti-wilderness Bias in the Common Law and Modern American Property Law JILL FRALEY 16. The Four Dimensions of Public Property JOHN PAGE AND ANN BROWER

巻冊次

v. 3 ISBN 9781841135588

内容説明

This book comprises a collection of papers given at the fifth biennial conference of the Centre for Property Law at the University of Reading held in March 2004,and is the third in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume includes a refereed and revised selection of the papers given there. The papers thus cover a broad range of topics of immediate importance including: land registration, leasehold and commonhold, prescription and law and equity. A growing and popular aspect of the series is its coverage of property law matters worldwide; this volume includes essays on property law in developing countries, in South Africa, Canada, and Eastern Europe.

目次

I - Keynote Address 1. Prescriptive Acquisition of Easements: Abolition or Reform? Stuart Bridge II - Land Registration 2. Forgery and Alteration of the Register under the Land Registration Act 2002 David Fox 3. Registration of Invalid Dispositions: Who Gets the Property? Pamela O'Connor 4. Toward an Ecologically Sustainable Property Concept Murray Raff III - Law and Equity 5. Personal Liability for Receipt of Trust Property: Allocating the Risks Gary Watt 6. Co-Owners and Equitable Accounting: A Comparative Commonwealth Analysis Heather Conway 7. Allcard v Skinner Revisited: Historical Perspectives on Undue Influence Charlotte Smith 8. Charges, Possession and Human Rights: A Reappraisal of S 87(1) of the Law of Property Act 1925 Sarah Nield 9. Re Goldcorp Exchange Ltd Revisited Paul Eden IV - Leaseholds and Commonholds 10. The Regulation of Long Residential Leases Martin Davey 11. Commonhold-A Critical Appraisal Cornie van der Merwe and Peter Smith V - Property in Europe 12. The Notion of Real Estate and Rights Pertaining to it in Selected Legal Systems Stanislawa Kalus and Magdalena Habdas 13. Reaching a Balance: Addressing Property Issues in Post-Conflict Societies Sarah Williams VI - Property Worldwide 14. Tensions of Modernity: Law in Developing Land Markets Patrick McAuslan 15. Formalisation of South African Communal Land Title and its Impact on Development Hanri Mostert and Juanita Pienaar 16. "Taking" Liberties: Protections for Private Property in Canada Bruce Ziff 17. Property Theory and the Transformation of Property Law Andre van der Walt

巻冊次

v. 4 ISBN 9781841136288

内容説明

This book is a collection of papers given at the sixth biennial conference at the University of Reading held in March 2006, and is the fourth in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.

目次

I - Keynote Address 1. Reforming Housing Law: A Progress Report Martin Partington II - Law and Equity 2. Equitable Co-ownership: Proprietary Rights in Name Only? Martin Dixon 3. Why is the Law of Undue Influence so Hard to Understand and Apply? Graham Ferris 4. The Lie of the Land: Mortgage Law as Legal Fiction Gary Watt 5. Curbing the Enthusiasm of Finders Robin Hickey 6. Leases: Rethinking Possession against Vulnerable Groups Warren Barr 7. Reconciling Property Law and Social Security Law: Same Concepts, Different Meanings? Nicholas Hopkins and Emma Laurie III - Possession of Land 8. The Acquisition of Rights in Property by the Effluxion of Time Amy Goymour 9. An Adjudication Rule for Encroachment Disputes: Adverse Possession or a Building Encroachment Statute? Pamela O'Connor 10. de Soto Discovers the Prairies:Of Squatters and the Canadian West Bruce Ziff and Sean Ward IV - Property, Empire and Indigenous Title 11. Land Law and the Making of the British Empire Patrick McAuslan 12. Translating Native Title to Individual 'Title' in Australia: Are Real Property Forms and Indigenous Interests Reconcilable? Lee Godden and Maureen Tehan 13. Individual Title versus Collective Title in Australia: Reflections on the North American and New Zealand Experiences of Indigenous Title to Land M A Stephenson

巻冊次

v. 5 ISBN 9781841139609

内容説明

This book is a collection of papers given at the seventh biennial conference held at the University of Cambridge in March 2008, and is the fifth in the series Modern Studies in Property Law. The Property Law conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.

目次

Introduction I. A System of Land Law for the 21st Century 1. Responding to Fraud in Title Registration Systems: A Comparative Study Matthew Harding and Michael Bryan 2. The Versatility of State Indemnity Provisions Simon Cooper 3. Easements and Servitudes Created by Implied Grant, Implied Reservation or Prescription and Title-by-Registration Systems Fiona R Burns 4. Feudal Law: The Case for Reform Judith Bray II. Trusts and Equitable Remedies 5. Restrictions on Dispositions of Charity Property-Protection or Undue Burden? Jean Warburton 6. 'You Just Gotta Keep the Customer Satisfied': Where Stands the Beneficiary's Right to Information? Gerwyn Ll H Griffiths 7. Draftsmen and Suspicious Wills Roger Kerridge 8. Territorial Extremism in Awards of Specific Performance Professor Peter Sparkes III. Family Homes 9. Constructive Trusts and Constructing Intention Nick Piska 10. Bankrupt Husbands and the Application of the Doctrine of Exoneration in Australian Law: Moving into the 21st Century Justice Berna Collier 11. The Elderly, Their Homes and the Unconscionable Bargain Doctrine Lorna Fox O'Mahony and James Devenney IV. Different Conceptions of Property 12. Selling the Land: Should It Stop? A Case Study from the South Pacific Sue Farran 13. Ownership, Possession, Title and Transfer: Human Remains in Museum Collections Charlotte Woodhead 14. Protection of Cultural Property in Times of Armed Conflict: UK Ratification of the Hague Convention 1954 Sarah Williams and Jamie Glister 15. The Extension of Land Registration Principles to New Property Rights in Environmental Goods Pamela O'Connor V. The Nature of Property Rights 16. The Role of Expectation in the Determination of Proprietary Estoppel Remedies John Mee 17. Leases: Property, Contract or More? Jill Morgan 18. The Property Rights of Tribes Dr PG McHugh

巻冊次

v. 6 ISBN 9781849461856

内容説明

The Modern Studies in Property Law Conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. The eighth biennial conference was held at the University of Oxford in March 2010, and this book is the sixth in the series Modern Studies in Property Law. The volume is a refereed and revised selection of the papers given at the Oxford conference, covering a broad range of topics of contemporary importance, both nationally and internationally. The book includes chapters written by the key speakers at the conference: Lady Justice Arden, Professor Kevin Gray and Law Commissioner, Professor Elizabeth Cooke.

目次

I: The 'Propertiness' of Property 1. Recreational Property Kevin Gray 2. Lighting the Way Ahead: The Use and Abuse of Property Rights Paul S Davies 3. Water Matters: A Study of Water-Related Problems in Property Law The Rt Hon Lady Justice Arden DBE 4. From Obligations to Proprietary Interests: A Critique of the Charging Orders System in England and Wales David Capper, Heather Conway and Lisa Glennon 5. Clash of the Titans: Article 8, Occupiers and Their Home Sarah Nield II: Doctrinal Development of Property Rights 6. The Rise and Fall of the Implied Periodic Tenancy Jill Morgan 7. A Longitudinal Analysis of the Mortgage Repossession Process 1995-2010: Stability, Regulation and Reform Lisa Whitehouse 8. Proprietary Estoppel, Promises and Mistaken Belief John Mee III: Easements, Covenants and Public Rights of Way: Scope and Reform 9. The Genetics of Appurtenant Interests Elizabeth Cooke 10. Framework for Land Obligations: What Can be Learnt from the Scots Law of Real Burdens? Lu Xu 11. The Consequences of Genetic Engineering: A Comment on Lu Xu's Chapter Elizabeth Cooke 12. Prescription and User 'As of Right': Ripe for Wholesale Reform? Rowena Meager IV: Land Registration 13. Morality and the Mirror: The Normative Limits of the 'Principles of Land Registration' Aruna Nair 14. Bijural Ambiguity and Values in Land Registration Systems Matthew Harding and Robin Hickey V: Theoretical Enquiries about Property 15. The Numerus Clausus Principle and Covenants Relating to Land Ben McFarlane 16. Conversion of Contractual Rights Amy Goymour 17. Intellectual Property and the Concept of Dematerialised Property Andreas Rahmatian

巻冊次

v. 7 ISBN 9781849463218

内容説明

This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.

目次

PART I: PROPERTY AND HOUSING 1. The Saga of Strasbourg and Social Housing Lord Walker of Gestingthorpe 2. Owning Part but Losing All: Using Human Rights to Protect Home Ownership Susan Bright, Nicholas Hopkins and Nicholas Macklam 3. The Big Society and Social Housing: Never the Twain Shall Meet? Warren Barr 4. Regulating Residential Tenancies in Ireland: Rights, Responsibilities and Enforcement Aine Ryall PART II: CHALLENGING PERCEPTIONS OF PROPERTY AND TRUSTS 5. Shapeless Trusts and Settlor Title Retention: An Asian Morality Play Adam S Hofri-Winogradow 6. Misplaced Trust: First Principles and the Conveyance of Legal Leases to Minors Leslie Turano-Taylor 7. The Community of Owners' Regulation of Common Property in Polish Condominium Schemes Magdalena Habdas 8. Collective Property: Owning and Sharing Residential Space Sarah Blandy 9. Earth under the Nails: The Extraordinary Return to the Land Sue Farran PART III: INTERSECTIONS BETWEEN PRIVATE PROPERTY, THE PUBLIC AND THE STATE 10. Towards an Understanding of Public Property John Page 11. The Sale of Items in Museum Collections Janet Ulph 12. Property as a Human Right: Another Casualty of the 'War on Terror'? Frankie McCarthy 13. The Evolving Relationship between Property and Participation in English Planning Law Rachael Walsh 14. The Rise of Property Rights: Implications for Urban Planning, Environmental Protection and Biodiversity Conservation in Australia Peter Williams PART IV: THE NATURE, CONTENT AND ACQUISITION OF PROPERTY 15. 'Persistent Rights' Appraised Simon Gardner 16. The Content of a Freehold: A 'Right to Use' Land? Simon Douglas 17. Property and Alienation: Rights, Obligations, Restraints Scott Grattan 18. Possession Taken by Theft and the Original Acquisition of Personal Property Rights Robin Hickey 19. The Prevalence of Private Takings Emma JL Waring

巻冊次

v. 8 ISBN 9781849466226

内容説明

This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

目次

Part I: Law Reform and Property Law 1. Property in the Information Age SIR JOHN MUMMERY 2. A Golden Era? The Impact of the Scottish Law Commission on Property Law ANDREW JM STEVEN 3. Reforming the Law of Prescription: A Cautionary Tale from Ireland PROFESSOR JOHN MEE Part II: Property and Planning 4. Simplifying Planning Law: A More Radical Approach CHARLES MYNORS 5. Land: Balancing Competing Economic and Social Interests BARBARA BOGUSZ 6. Developers versus Protestors: Contractual Licensees and Possession Claims Post Dutton ADAM BAKER Part III: Property and Death 7. Do Parents Always Know Best? Posthumous Provision and Adult Children HEATHER CONWAY 8. Property of the Mentally Incapacitated: Statutory Wills in England and Australia FIONA BURNS 9. Testamentary Freedom: Mutual Wills Might Let You Down SION HUDSON AND BRIAN SLOAN 10. Intestate Property Distribution at Death in the United States CARYL A YZENBAARD Part IV: Property and Ownership 11. Challenging ' Home ' as a Concept in Modern Property Law: Lessons from the Supreme Court Post- Stack and Jones CHRIS BEVAN 12. Land Titling and Communal Property ALISON CLARKE 13. Subsurface Ownership: English or American Rules, Ok? JILL MORGAN 14. Temporal Pluralism: Voluntary Sector Property Partnerships CHRIS WILLMORE 15. Reflections on Formalities GRAHAM FERRIS 16. Constitutional Land Law: Mexfield and the 40-Shilling Freehold JUANITA ROCHE Part V: Property and Title 17. Registered Title and the Assurance of Reliability SIMON COOPER 18. Commonhold Developments in Practice LU XU 19. Practical Approaches to the Numerus Clausus of Land Rights: How Legal Professionals in South Africa and the Netherlands Deal with Certainty and Flexibility in Property Law HANRI MOSTERT AND LEON VERSTAPPEN

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詳細情報

• NII書誌ID(NCID): BA53696552
• ISBN:
  • 1841135585
  • 9781841136288
  • 9781841139609
  • 9781849461856
  • 9781849463218
  • 9781849466226
  • 9781782257547
  • 9781509921379
• 出版国コード: uk
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Oxford
• ページ数/冊数: v.
• 大きさ: 25 cm