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Separation And Abstraction In Property Transfers
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Book Synopsis Separation and Abstraction in Property Transfers by : Zhicheng WU
Download or read book Separation and Abstraction in Property Transfers written by Zhicheng WU and published by BRILL. This book was released on 2023-05-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
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 Comparative Contract Law, Second Edition by : Thomas Kadner Graziano
Download or read book Comparative Contract Law, Second Edition written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2019 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this updated second edition of Comparative Contract Law updates the first true student reader on the subject. Bringing together extracts from legislation and court practice this textbook lets students experience comparative law in action, and presents a unique guide to European and International contract law.
Book Synopsis Comparative Contract Law by : Thomas Kadner Graziano
Download or read book Comparative Contract Law written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2023-01-17 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.
Book Synopsis Rules for the Transfer of Movables by : Wolfgang Faber
Download or read book Rules for the Transfer of Movables written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative research in the area of property law is gaining importance. Against the background of the current discussion of developing model rules, aimed at facilitating European private law harmonisation, and of ongoing law reform projects in a number of EU Member States, this volume addresses key issues in the field of the transfer of corporeal movable property.
Book Synopsis Cases, Materials and Text on Property Law by : Sjef van Erp
Download or read book Cases, Materials and Text on Property Law written by Sjef van Erp and published by Bloomsbury Publishing. This book was released on 2012-07-23 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
Book Synopsis The Law of Unjust Enrichment in China: Necessary or Not? by : Siyi Lin
Download or read book The Law of Unjust Enrichment in China: Necessary or Not? written by Siyi Lin and published by Springer Nature. This book was released on 2022-08-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first book focusing on the Chinese law of unjust enrichment in English and introducing it to Western jurisdictions. Unjust enrichment is currently one of the most controversial areas of law in many jurisdictions and rife with academic debate. This book analyzes the historical evolution, current doctrines, and relationships of unjust enrichment with other areas of private law in China. It also provides insights into judicial practice. In May 2020, China promulgated its first-ever Civil Code since the establishment of the People's Republic of China, which is a milestone in the history of Chinese law. Before the Civil Code, there was only one legal provision regulating unjust enrichment, which requires a person obtaining benefits “without a legal basis” to return such benefits. However, the new Civil Code contains a separate chapter regulating unjust enrichment. This book analyzes and evaluates those new provisions in the Civil Code to provide a most up-to-date analysis of the Chinese law of unjust enrichment.
Download or read book Comparative Law written by Uwe Kischel and published by Oxford University Press. This book was released on 2019-02-21 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.
Book Synopsis Cases, Materials and Text on Contract Law by : Hugh Beale
Download or read book Cases, Materials and Text on Contract Law written by Hugh Beale and published by Bloomsbury Publishing. This book was released on 2019-02-28 with total page 1515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
Book Synopsis Consequences of Impaired Consent Transfers by : Birke Häcker
Download or read book Consequences of Impaired Consent Transfers written by Birke Häcker and published by Bloomsbury Publishing. This book was released on 2013-11-25 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.
Book Synopsis Real Property Transactions. Procedures, Transaction Costs and Models by : J. Zevenbergen
Download or read book Real Property Transactions. Procedures, Transaction Costs and Models written by J. Zevenbergen and published by IOS Press. This book was released on 2008-02-08 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transactions in land and other real property differ between countries throughout Europe. The transaction procedures reflect formal rules, but they are also normalized through conventions and professional codes of conduct. This complex of technical, legal and economic issues was investigated from the point of view of transaction economics through an ESF-COST supported Action G9 ‘Modeling Real Property Transactions’. The research was performed between 2001 and 2005 by researchers mainly from university departments related to land surveying, real estate management, geo-information sciences and knowledge engineering. This book represents the final outcome of that study. A modeling approach was elaborated and tested on a number of countries (especially Sweden and Slovenia, for which the models are shown in this book in the Unified Modeling Language (UML)). The modeling approach leads to transparency and allows comparison. Nevertheless, the influence of the national and social contexts, and the different perspectives that can be taken, prevent a simple ranking of the studied procedures. For those planning or comparing transaction procedures or parts thereof, the book supplies a tested approach and methodology. But the book eventually warns of simplification in this field full of complex national institutional arrangements.
Book Synopsis Austria, Estonia, Italy, Slovenia by : Wolfgang Faber
Download or read book Austria, Estonia, Italy, Slovenia written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes, as a product of the research activities of the working group "Transfer of Movables" within the "Study Group on a European Civil Code". Starting with general property law issues like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection, the reports primarily deal with the "derivative" transfer of ownership, but extend to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports provide the reader with detailed information about the respective rules, case law and legal literature, prepared by national property law experts. These reports are a starting point for further comparative research in property law and also a tool for practitioners searching for information on foreign legal systems. Where available and as far as reasonable, the reports include translations of the most important statutory provisions either in the text or in an annex. All reports include a table of literature and a table of abbreviations, which shall facilitate carrying out further research.
Book Synopsis China's Way to Carbon Emissions Reduction by : Ying Shen
Download or read book China's Way to Carbon Emissions Reduction written by Ying Shen and published by Kluwer Law International B.V.. This book was released on 2015-08-18 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now that the most recent scientific estimates have shown that China has become the world's largest source of greenhouse gas emissions, China's influence on the world's environment and sustainable development highlights the importance of tailoring Chinese climate change law to conform with the requirements of international conventions and agreements on climate change. This thorough analysis, based on an examination of climate status, legal background, and current regulatory systems in China, examines the potential role of different policy instruments in reducing carbon emissions in order to find an appropriate choice for China, and recommends approaches to key issues for relevant authorities. The author conducts a comprehensive and in-depth study on the three mainstream environmental policy instruments used to control carbon emissions – the cap-and-trade system, the carbon tax, and command-and- control regulations – in a Chinese context. She reviews China's current policies, and elucidates how the issues of climate change and global warming call for social, environmental, economic, and legal reforms in China, especially in the areas of administrative law and property rights law. Among the issues and topics covered are the following: - key issues on designing and implementing each of the three policy instruments; - the choice of regulatory instruments for carbon emissions reduction in a socialist market economy based on the discussion of market failure and government failure theories; - legal challenges from China's current administrative legislation and the definition of carbon emissions entitlements; - practical effect of China's climate change policy at the national, provincial, and local levels; - effectiveness of China's implementation of its international obligations; - lessons learned from schemes implemented in the United States and Australia; - comparison of China's seven regional pilot emissions trading scheme (ETS) programmes with the well-established EU ETS; - linkage between China's ETS and other ETSs from a global perspective; and - future direction of an emerging carbon market in China. The analysis assesses the critical costs and benefits of each approach in the context of selected case studies, taking legal literature in the field fully into account. Given that the Chinese government is taking steps to reduce emissions by altering energy production and usage and is signalling a willingness to make similar commitments in a multilateral treaty, it is very timely and important for lawmakers and scholars, within and outside China, to think about new and appropriate regulatory measures to respond to the crisis and plan for a sustainable future. This study provides not only a useful benchmark for both China and other countries in formulating initiatives on enhancing climate protection, but also details the global implications for governments and for international organizations concerned with the understanding between China and the rest of the world in the context of climate change mitigation.
Book Synopsis The German Law of Contract by : Basil S Markesinis
Download or read book The German Law of Contract written by Basil S Markesinis and published by Bloomsbury Publishing. This book was released on 2006-02-27 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.
Book Synopsis Common Frame of Reference and Existing EC Contract Law by : Reiner Schulze
Download or read book Common Frame of Reference and Existing EC Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Draft Common Frame of Reference (DCFR) is just published. Now the creation of the final Common Frame of Reference (CFR) is one of the most important issues in the field of European Private Law. The volume discusses the key question as to what extent the CFR can and should reflect existing EC Contract Law, and to what extent the DCFR has already incorporated the acquis communautaire. The contributions to this volume try to provide answers to this question by analyzing different controversial areas such as the conclusion and content of the contract (pre-contractual duties, non-discrimination or withdrawal), non-performance, remedies, damages and the relation to International Private Law.
Book Synopsis Cross-border Transactions of Intermediated Securities by : Changmin Chun
Download or read book Cross-border Transactions of Intermediated Securities written by Changmin Chun and published by Springer Science & Business Media. This book was released on 2012-08-04 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions’ rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva Securities Convention and the Hague Securities Convention. Through a functional comparative approach based upon legal traditions of the various jurisdictions, this book gives readers theoretical and practical information on intermediated securities and their national and international aspects.
Book Synopsis Private Law and Property Claims by : Peter Jaffey
Download or read book Private Law and Property Claims written by Peter Jaffey and published by Bloomsbury Publishing. This book was released on 2023-10-19 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Law and Property Claims sets out a distinctive analysis of some general issues in private law, including the nature of categories such as contract, tort and property, duties and liabilities as the basis of claims in private law, and the relationship between primary rights and remedies. In the light of this analysis, it offers a new approach to property in private law, including claims that arise to protect and recover property. It goes on to discuss the law of trusts, fiduciary relationships, and tracing; the remedial role of the trust; the nature of equity as a legal category; and the relationship between property and claims in tort to protect property. It also exposes the misconceptions underlying the modern approach to restitution and unjust enrichment and the problems this is causing in private law.
