The structure of property law

著者

    • McFarlane, Ben

書誌事項

The structure of property law

Ben McFarlane

Hart, 2008

大学図書館所蔵 件 / 全4件

この図書・雑誌をさがす

注記

Bibliography: p. [927]-929

Includes index

内容説明・目次

内容説明

Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009 In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how are they entitled to use it? Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This book provides a new perspective on property law. By setting out an underlying structure, it allows the reader to understand the fundamental principles of this difficult subject. By providing detailed coverage of individual topics, it shows how those principles apply in practice and provides a comprehensive resource for anyone studying, teaching, researching or practising in property law. The book is written in an accessible style, with frequent summaries and, in both its pages and companion web-site it makes use of helpful visual aids. It is ideal reading for law students seeking a rock-solid understanding of how property law and land law work, and contains sufficient detail for use as a course book in: " Property Law " Land Law " Personal Property Law The book also provides detailed analysis of core topics in: " Equity & Trusts " Commercial Law " Unjust Enrichment & Restitution See the companion website for this book: www.hartpub.co.uk/companion/propertylaw.html.

目次

A. INTRODUCTION 1. Aims of the book 2. Land as Private Property 3. Land as a Special Form of Private Property B. BASIC STRUCTURE OF PROPERTY DISPUTES 4. Introduction 5. Property Rights 6. Defences to Property Rights 7. New Direct Rights 8. Conclusion: The Basic Structure of Property Disputes - The Basic Tension & Basic Questions C. BASIC CONCEPTS 9. Introduction 10. Numerus Clausus Principle 11. Equity 12. Formalities 13. Registration D. APPLYING THE BASIC STRUCTURE D1. An Example: Licences 14. Basic Situation 15. Contractual Licence 16. Future for the Contractual Licence? D2.Types of Property Right in Land 17. Freehold Estate 18. Leasehold Estate 19. Interests under a Trust of Land 20. Mortgagee's Interest and Equity of Redemption 21. Easements 22. Freehold Restrictive Covenants D3. Means of Acquiring Property Rights in Land 23. Introduction 24. Proprietary Estoppel 25. Resulting Trusts 26. Constructive Trusts D4. New, Direct Rights Against an Owner of Land E. CONCLUSION: THE BASIC STRUCTURE: THEMES AND LIMITS 27. Introduction 28. Equity: Complementing or Undermining the Common Law? 29. What's Special About Land? 30. Areas of Tension 31. Limits of the Basic Structure? ADDITIONAL MATERIAL Worked-through Problem Questions Powerpoint Material Updates

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