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Between Property Law And Contract Law
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Book Synopsis The Interaction of Contract Law and Tort and Property Law in Europe by : Christian von Bar
Download or read book The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
Book Synopsis Contract and Property Law by : Sjef van Erp
Download or read book Contract and Property Law written by Sjef van Erp and published by . This book was released on 2013 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract and property law are traditionally seen as rather distinct parts of a legal system. However, there is growing awareness that contract and property are not so separate at all. We can observe more and more fuzzy boundaries. Four examples (case studies) are discussed: reclaiming money, the non-accessory mortgage, protection of mortgagors, private re-registration of mortgages in the US: Mortgage Electronic Registration Systems (MERS). The fuzzy boundaries make us realise that the distinction between contract and property (in the classical, 19th century, model of private law: the absence or presence of the binding force of an arrangement on third parties) is becoming less of a binary and more of a gradual nature.It seems that a growing category of intermediary rights is developing, rights between contract and property law, which may very well prove to have become no longer a dogmatic anomaly, but a necessary supplement to the traditional distinction between contract and property law. If this analysis is correct, it might imply that we have to rethink our categorisation of private law into a law of contract and a law of property, as we had to rethink the categorisation of private law into a law of contract and a law of tort after Gilmore's famous statement that contract law was dead, or at least drowning in a sea of tort. It is not argued that contract law, again, is dead, but that contract law may have begun a new life as part of a broader category of arrangements regarding objects with burdening effect vis-à-vis third parties, where classical contract is one end of the spectrum (no third party effect) and property is the other end of the spectrum (full third party effect).
Book Synopsis Property Law For Dummies by : Alan R. Romero
Download or read book Property Law For Dummies written by Alan R. Romero and published by John Wiley & Sons. This book was released on 2013-01-08 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The easy way to make sense of property law Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools. Property Law For Dummies tracks to a typical property law course and introduces you to property law and theory, exploring different types of property interests—particularly "real property." In approachable For Dummies fashion, this book gives you a better understanding of the important property law concepts and aids in the reading and analysis of cases, statutes, and regulations. Tracks to a typical property law course Plain-English explanations make it easier to grasp property law concepts Serves as excellent supplemental reading for anyone preparing for their state's Bar Exam The information in Property Law For Dummies benefits students enrolled in a property law course as well as non-students, landlords, small business owners, and government officials, who want to know more about the ins and outs property law.
Book Synopsis North Carolina Contract Law by : Scott A. Miskimon
Download or read book North Carolina Contract Law written by Scott A. Miskimon and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Understanding Property Law by : Ezekiel Dickson
Download or read book Understanding Property Law written by Ezekiel Dickson and published by States Academic Press. This book was released on 2021-11-16 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of law that controls the various types of ownership in personal property and real estate is known as property law. Property indicates the legally protected claims to resources like land, personal property and intellectual property. It can be exchanged through contract law. If the laws of property are violated, one can sue under tort law in order to protect it. The concept, idea and philosophy of property form the basis of property law. There are two views on property rights. These views are the traditional view and the bundle of rights view. The traditional view believes that there is a core and inherent meaning in the concept of property. The bundle of rights view believes that the owner of the property only has bundle of permissible uses over the property. This book unfolds the innovative aspects of property law which will be crucial for the progress of this field in the future. It provides significant information of this discipline to help develop a good understanding of the property law and related fields. The topics covered in this book offer the readers new insights in the field of property law.
Book Synopsis Good Faith in Contract and Property Law by : A. D. M. Forte
Download or read book Good Faith in Contract and Property Law written by A. D. M. Forte and published by Hart Publishing. This book was released on 1999 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a symposium held October 1998 at Aberdeen University.
Book Synopsis Property and Contract by : John Cartwright
Download or read book Property and Contract written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2022-01-13 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores a range of comparative issues in, and in the relationship between, property law and contract law in English and Spanish law. It also draws on other jurisdictions. The purpose is to give readers access to discussions of these areas of private law that are not easily accessible elsewhere. It goes further, however, than simply setting out similarities and differences: it provides an insightful analysis of key points of interest in the comparison of the legal systems discussed.
Book Synopsis Property Law by : Joseph William Singer
Download or read book Property Law written by Joseph William Singer and published by Aspen Publishing. This book was released on 2017-03-10 with total page 1887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks This hugely successful cases-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its clear descriptions of legal doctrine and its variations; its explanations of the social ramifications of property law; its emphasis on both statutory and regulatory interpretation; its comprehensive treatment of public accommodations and fair housing law, current tribal property issues, and property in human bodies; and its use of the problem method to teach legal reasoning andlawyeringskills. Thoroughly updated to reflect significant changes in the law of property, the Seventh Edition incorporates multiple new Supreme Court cases, including:Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.,Obergefellv. Hodges, andReed v. Town of Gilbert, and 3 decided or pending cases with implications for regulatory takings,Horne v.Dep’tof Agriculture,Marvin M. Brandt Revocable Trust v. United States, andMurrv. State. Key Features: Updated to reflect significant changes in the law of property to help professors keep current and be aware of emerging disputes. These include multiple new Supreme Court cases: Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015), upholding disparate impact claims under the Fair Housing Act; Obergefellv. Hodges, 123 S. Ct. 2584 (2015), finding a constitutional right to same-sex marriage; Reed v. Town of Gilbert,135 S. Ct. 2218 (2015), broadly applying the First Amendment’s free speech clause to sign regulations; and three decided or pending cases with implications for regulatory takings,Horne v.Dep’tof Agriculture, 135 S. Ct. 2419 (2015),Marvin M. Brandt Revocable Trust v. United States, 134 S. Ct. 1257 (2014), andMurrv. State, 359Wis.2d675 (Wis. Ct. App. 2014), cert. granted sub nom.Murrv. Wisconsin, 136 S.Ct. 890 (2016). New materials and problems have been included in several areas: Collisions between the sharing economy and servitude, zoning, and landlord-tenant law; Questions of the inheritance rights of children born through assisted reproductive technology; Continuing litigation over the Rails-to-Trails Act conversion of abandoned railroad tracks into recreational trails Invalidation of the copyright on the Happy Birthday song; Commonwealth v.Magadini, 52 N.E.3d 1041 (Mass. 2016), upholding a necessity defense to a trespass charge against a homeless man; and The Revised Uniform Residential Landlord and Tenant Act, adopted in 2015.
Book Synopsis The Future of European Property Law by : Sjef Erp van
Download or read book The Future of European Property Law written by Sjef Erp van and published by Walter de Gruyter. This book was released on 2012-05-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities
Download or read book Property and Contract written by and published by . This book was released on with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores the comparative issues in the relationship between property law and contract law in English and Spanish law. It also draws on other jurisdictions. Little is written on this (in either English or Spanish), meaning it gives English private lawyers exposure to material previously not easily accessible. It goes further, however, than simply setting out similarities/differences: it provides an insightful analysis of both systems key points of interest."--
Book Synopsis The Idea of Property in Law by : James E. Penner
Download or read book The Idea of Property in Law written by James E. Penner and published by Oxford University Press. This book was released on 1997 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.
Book Synopsis Elementary Questions on the Law of Property, Real and Personal by : Philip Foster Aldred
Download or read book Elementary Questions on the Law of Property, Real and Personal written by Philip Foster Aldred and published by . This book was released on 2008-06-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Book Synopsis Justice in Transactions by : Peter Benson
Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Book Synopsis Contract Law For Dummies by : Scott J. Burnham
Download or read book Contract Law For Dummies written by Scott J. Burnham and published by John Wiley & Sons. This book was released on 2011-12-06 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Take the mumbo jumbo out of contract law and ace your contracts course Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools. Contract Law For Dummies tracks to a typical contracts course and assists you in understanding the foundational legal rules controlling voluntary agreements people enter into while conducting their personal and business affairs. Suitable as a supplement to introductory and advanced courses in contract law, Contract Law For Dummies gives you plain-English explanations of confusing terminology and aids in the reading and analysis of cases and statutes. Contract Law For Dummies gives you coverage of everything you need to know to score your highest in a typical contracts course. You'll get coverage of contract formation; contract defenses; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; electronic contracts and signatures; and much more. Tracks to a typical contracts course Plain-English explanations demystify intimidating information Clear, practical information helps you interpret and understand cases and statutes If you're enrolled in a contracts course or work in a profession that requires you to be up-to-speed on the subject, Contract Law For Dummies has you covered.
Book Synopsis Contract Law in Japan by : Hiroo Sono
Download or read book Contract Law in Japan written by Hiroo Sono and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Download or read book Property Law written by Jerry L. Anderson and published by Aspen Publishing. This book was released on 2024-02-01 with total page 1240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Law: Practice, Problems, and Perspectives is a truly contemporary 1L Property text. This book is distinguished by its extraordinarily clear and engaging writing, and by the degree to which the authors make material accessible to students in this foundational course. Anderson and Bogart’s text is a joy to read, for both student and teacher. The authors embrace the task of training lawyers, and as a result, their text regularly asks students to answer questions and solve problems from the perspective of attorneys. The authors delve fully into legal doctrine and address profound policy issues in a direct and understandable manner. The casebook draws upon an outstanding range of case opinions, including those from seminal cases as well as recent and provocative disputes. The text uses a two-color design and includes a wonderful selection of photographic images. Each chapter begins with an introduction that captures themes and issues that run throughout and ends with a bulleted summary of the law. Property Law: Practice, Problems, and Perspectives is NextGen Bar ready. The text covers all of the substantive topics covered on the new bar exam. Moreover, the problems and exercises train students to think of real-world applications of the material, just like the NextGen format. New “Preparing for Practice” exercises develop the skills tested on the NextGen Bar. The book’s unique online simulation resource features practice-ready materials and professionally-produced author-scripted videos that illuminate property law issues and disputes. The text regularly references documents used in practice; these documents are available to students in the simulation. New to the 3rd Edition: NextGen Bar Ready! The authors have carefully curated the substance of the book to ensure that it covers the topics tested on the new bar exam. In addition, the “Preparing for Practice” exercises throughout the book should help develop the practice-oriented thought processes and skills necessary to succeed in the new exam format. Revised and updated case opinions and textual discussion. For example, the section addressing the Fair Housing Act now includes additional discussion of disparate impact litigation after Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. Similarly, the authors updated the chapter devoted to takings law to include the latest cases, such as Cedar Point Nursery. The IP Chapter includes the 2023 Supreme Court decision on trademark protection involving Jack Daniel’s and dog toys. Enjoyable new problems drawn from the most recent reported case opinions. New problems include: the application of the takings clause to taxi licenses in the wake of Uber/Lyft; covenants against short-term rentals like VRBO and AirBnB; easements involving proposed carbon capture pipelines; the application of the Fair Housing Act to eviction based on the use of a service dog in violation of the lease; the use of part performance by a son to enforce a contract breached by his parents. Professors and students will benefit from: A blend of property doctrine and real-world practice. A stimulating, challenging presentation that is also transparent. The book retains the subtlety of the classic texts but comments explicitly on the overlapping elements to ensure that students can see all the connections among legal doctrines. Numerous examples that richly illustrate the introduction of new material. A unique interactive element that teaches students how to read a land survey. The authors present this element during the discussion of the importance of the description of real property in deeds and contracts. This exercise helps students understand the issues presented by the text in case opinions and problems. The transactional perspective adopted by the authors in chapters where that is especially relevant, such as real estate transactions and landlord/tenant law. A unique border along the edge of the text in the chapter on the real property transaction, allowing students to place key concepts and doctrinal material in the context of phases of the transaction. A robust electronic version of the casebook, along with online videos and practice-ready materials. A book that is the ideal text for a four-unit course, but includes ample coverage permitting a professor to construct a five- or six-unit course. Revealing and sometimes startling images, such as a subdivision-marketing poster from San Diego in 1915, reflecting racially-restrictive covenants -- a frightening visual example of pervasive discriminatory housing practices that existed prior to the Fair Housing Act.
Book Synopsis Commentaries on the Law of Persons and Personal Property by : Theodore W. Dwight
Download or read book Commentaries on the Law of Persons and Personal Property written by Theodore W. Dwight and published by Forgotten Books. This book was released on 2015-06-26 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Commentaries on the Law of Persons and Personal Property: Being an Introduction to the Study of Contracts This treatise, as stated by the author, was intended as an introduction to the law of contracts. In the beginning he doubtless had in mind the preparation of a more extended work, which would have embraced the whole subject of contract law. This plan, however, was not carried out. In its stead the work was confined in its scope to those topics included in the author's lectures at Columbia Law School immediately preceding the course on contracts. These lectures form the basis of the division of subjects both as to the law of persons in the first book and the law of personal property in the second. In the law of persons the grand division of absolute and relative rights is observed throughout. The former class is divided into the rights of personal security and personal liberty, while under the latter and more numerous class of relative rights are considered those which spring from the relations of husband and wife, parent and child, guardian and ward, and master and servant. Separate chapters are devoted to citizens and aliens, infancy, the doctrine of status as affecting capacity, and finally to corporations, which closes the first book. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
