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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
Barnsley's Conveyancing Law and Practice is the leading student
textbook on the law of conveyancing, and is held in high esteem by
academics and practitioners alike. It offers a chronological
account of the conveyancy process, including a detailed account of
registered land. It gives greater prominence to Registration of
Title than any other work of its kind, and it has been extensively
revised to ensure that it includes important new legislation and
case law, particularly relating to mortgages, and illustrates
statutory changes in the Law of Property Acts 1989 and 1994.
The Construction of Property identifies the structural and
institutional foundations of property, and explains how these
features can accommodate various normative agendas. Offering rich
and cutting-edge analysis, the book studies the spectrum of
property regimes including private, common and public property as
well as innovative forms of property hybrids such as US-style
residential community associations, the British Private Finance
Initiative, the Israeli Renewing Kibbutz, community land trusts and
grassroots phenomena of property ordering in publicly-owned open
spaces. It also investigates the protagonists of property beyond
the individual and the state, identifying the key role that
community organisations and business corporations play for both the
private and public aspects of property. The book then addresses
property's greatest challenge: the move from a largely domestic
legal construct into one that accommodates the increasing social
and economic forces of globalisation.
This book explores urban informality in Asian cities and looks how
the informal sector's contribution to inclusive and sustainable
growth can be enhanced. While supporting the livelihoods of most of
the developing world's urban poor, the informal sector also
deprives them of basic services and social protection. Rendered
vulnerable to socioeconomic threats, people in the urban informal
sector have suffered disproportionately during the COVID-19
pandemic and face a highly uncertain future. The book explores
informality's forms and constraints in Asian cities. It describes
the pandemic's effects on the informal sector and how leveraging
informal services can enable urban resilience. Drawing on
interdisciplinary research, the book illustrates the transformative
potential of urban planning and governance that addresses
informality. It also details measures that could boost the informal
sector's inclusive and sustainable growth potential.
Private law governs our most pervasive relationships with other
people: the wrongs we do to one another, the property we own and
exclude from others' use, the contracts we make and break, and the
benefits realized at another's expense that we cannot justly
retain. The major rules of private law are well known, but how they
are organized, explained, and justified is a matter of fierce
debate by lawyers, economists, and philosophers. Ernest Weinrib
made a seminal contribution to the understanding of private law
with his first book, The Idea of Private Law. In it, he argued that
there is a special morality intrinsic to private law: the morality
of corrective justice. By understanding the nature of corrective
justice we understand the purpose of private law - which is simply
to be private law. In this new book Weinrib takes up and develops
his account of corrective justice, its nature, and its role in
understanding the law. He begins by setting out the conceptual
components of corrective justice, drawing a model of a moral
relationship between two equals and the rights and duties that
exist between them. He then explains the significance of corrective
justice for various legal contexts: for the grounds of liability in
negligence, contract, and unjust enrichment; for the relationship
between right and remedy; for legal education; for the comparative
understanding of private law; and for the compatibility of
corrective justice with state support for the poor. Combining legal
and philosophical analysis, Corrective Justice integrates a
concrete and wide-ranging treatment of legal doctrine with a
unitary and comprehensive set of theoretical ideas. Alongside the
revised edition of The Idea of Private Law, it will be essential
reading for all academics, lawyers, and students engaged in
understanding the foundations of private law.
Mit wachsender Bedeutung der Finanzmarkte hat sich auch das Konzept
der wertorientierten Unternehmensfuhrung immer starker im Bereich
der Realwirtschaft ausgebreitet. Die starke Stellung der
Eigenkapitalgeber mit ihren Renditeanspruchen hat insbesondere den
international agierenden Unternehmen verscharfte
Wettbewerbsbedingungen aufgedrangt. Dies hat sich in den letzten
beiden Jahrzehnten auch in der Suche nach attraktiven
Steuerstandardorten und im Aufbau globaler Unternehmensnetzwerke
niedergeschlagen. Das Konzept der wertorientierten Steuerplanung
wird als wirtschaftlicher Handlungsrahmen dargestellt, in dem sich
steuerliche Gestaltungen global entfalten. Kritisch hinterfragt
werden die These effizienter Markte und das kurzfristig orientierte
Wertmanagement in der Variante des Shareholder Value Ansatzes."
Nothing is more important in English land law than 'possession'. It
is the foundation of all title, rights and remedies. But what
exactly is it, and why does it still matter? This book, first
published in 2006, is about the meaning, significance and practical
effect of the concept of possession in contemporary land law. It
explains the different meanings of possession, the relationship
between possession and title, and the ways in which the common law
and equity do, and do not, protect possession. The rights and
remedies of freeholders, tenants and mortgage lenders, between
themselves and against third parties, are all to some extent
dependent on questions of status and possession. This book shows
how. It is designed to provide an understanding of the basic
principles for the student, and answers to difficult, real problems
for the practitioner.
This book covers a complex and broad area of law for property
lawyers to contend with. Dealing with the impact of covenants on
land affects most conveyancing transactions and is also of vital
importance to landowners, developers and others. The volume of case
law on this topic is extensive. This book includes coverage of
positive covenants and planning covenants and is updated to include
the major Supreme Court case on restrictive covenants, Alexander
Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] 1
WLR 4783 and other major Court of Appeal decisions. It also deals
with the special position of local authorities in relation to land
covenants, and has coverage on freeing land from restrictions. The
book is divided into four main parts: Part I – Restrictive
Covenants; Part II – Positive and Negative Covenants; Part III -
Planning Obligations; Part IV - Reform. This title is included in
Bloomsbury Professional's Property and Land Law online service.
This book surveys the leading modern theories of property -
Lockean, libertarian, utilitarian/law-and-economics, personhood,
Kantian and human flourishing - and then applies those theories to
concrete contexts in which property issues have been especially
controversial. These include redistribution, the right to exclude,
regulatory takings, eminent domain and intellectual property. The
book highlights the Aristotelian human flourishing theory of
property, providing the most comprehensive and accessible
introduction to that theory to date. The book's goal is neither to
cover every conceivable theory nor to discuss every possible facet
of the theories covered. Instead, it aims to make the major
property theories comprehensible to beginners, without sacrificing
accuracy or sophistication. The book will be of particular interest
to students seeking an accessible introduction to contemporary
theories of property, but even specialists will benefit from the
book's lucid descriptions of contemporary debates.
An innovative and timely guide to housing law that integrates the
disciplines of law and public policy so that readers see how the
subject fits together - both the letter of the law and the way it
is practised. The innovative three-part structure covers all the
topics of a typical Housing Law module and it is written in a clear
and conversational style, with a wide range of source material to
show how the law is created, interpreted and used in real life.
Students are expertly guided through the complexities of housing
law by a leading academic who has taught the subject for more than
20 years. Where relevant, chapters end with a section on 'the
future' that discusses proposed changes to the law and the impact
of those changes. It also discusses the conceptual issues raised by
the Human Rights Act.
This book is the first full account in more than 20 years of two
significant, but relatively understudied, laws passed during the
Civil War. The Confiscation Acts (1861-62) were designed to
sanction slave holding states by authorizing the Federal Government
to seize rebel properties (including land and other assets held in
Northern and border states) and grant freedom to slaves who fought
with or worked for the Confederate military. Abraham Lincoln
objected to the Acts for fear they might push border states,
particularly Missouri and Kentucky, into secession. The Acts were
eventually rendered moot by the Emancipation Proclamation and the
13th Amendment. John Syrett examines the political contexts of the
Acts, especially the debates in Congress, and demonstrates how the
failure of the confiscation acts during the war presaged the
political and structural shortcomings of Reconstruction after the
war.
Das Bauvertragsrecht definiert die Rechte und Pflichten des
Bauherrn, der Bauaufsicht und der den Bau ausfuhrenden Unternehmen.
Das Buch stellt diese komplexe Spezialmaterie sowohl fur den BGB-
als auch fur den VOB-Bauvertrag kompakt und dennoch leicht
verstandlich mit einer Vielzahl von relevanten Fallen aus der
Praxis dar."
Conflicts about even the smallest amount of land potentially
generate violence and reshape people's mutual relations and their
relationship with the state. This book investigates the conflicting
norms that people and the Honduran state use to justify prop
Examines the financial circumstances among married couples and the
rules of in-heritage between parents and children from the Middle
Ages and onward through to the 20th century. This title focuses on
the notions of separate estate and community of property - and
particularly on the improvements in the laws of property of married
women.
This collection of essays, contributed by friends and colleagues of
Barry Nicholas, is a Festschrift to mark the occasion of his 70th
birthday, and it is also an important contribution to the study of
a specific area of Roman Law. Barry Nicholas is one of the leading
comparatists and Roman lawyers of his day. For many years All Souls
Reader in Roman Law, and then Professor of Comparative Law in the
University of Oxford, he retires this year after more than 10 years
as Principal of Brasenose College.
This classic work (formerly entitled An Introduction to the History
of Land Law) has been thoroughly revised with some chapters
rewritten to bring it completely up to date. It is available for
the first time in paperback.
Scientific advances and economic forces have converged to create
something unthinkable for much of human history: a robust market in
human body products. Every year, countless Americans supply blood,
sperm, and breast milk to "banks" that store these products for
later use by strangers in routine medical procedures. These
exchanges entail complicated questions. Which body products are
donated and which sold? Who gives and who receives? And, in the
end, who profits? In this eye-opening study, Kara Swanson traces
the history of body banks from the nineteenth-century experiments
that discovered therapeutic uses for body products to
twenty-first-century websites that facilitate a thriving global
exchange. More than a metaphor, the "bank" has shaped ongoing
controversies over body products as either marketable commodities
or gifts donated to help others. A physician, Dr. Bernard Fantus,
proposed a "bank" in 1937 to make blood available to all patients.
Yet the bank metaphor labeled blood as something to be commercially
bought and sold, not communally shared. As blood banks became a
fixture of medicine after World War II, American doctors made them
a frontline in their war against socialized medicine. The
profit-making connotations of the "bank" reinforced a market-based
understanding of supply and distribution, with unexpected
consequences for all body products, from human eggs to kidneys.
Ultimately, the bank metaphor straitjacketed legal codes and
reinforced inequalities in medical care. By exploring its past,
Banking on the Body charts the path to a more efficient and less
exploitative distribution of the human body's life-giving
potential.
For every transnational lawyer, it is vital to know the differences
between national secured transactions laws. Since the applicable
law is determined by the place where the collateral is situated, it
may change when movables are brought from one state to another.
Introductory essays from comparative lawyers set the scene. The
book then presents a survey of the law relating to secured
transactions in the member states of the European Union. Following
the Common Core approach, the national reports are centred around
fifteen hypothetical cases dealing with the most important issues
of secured transactions law, such as the creation of security
rights in different business situations, the relationship between
debtor and secured creditor, the nature of the creditor's rights
and their enforcement as against third parties. each case is
followed by a comparative summary. A general report evaluates the
possibilities of European harmonisation in the field of secured
transactions law.
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