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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
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Boundaries of Personal Property - Shares and Sub-Shares (Hardcover, New)
Loot Price: R4,084
Discovery Miles 40 840
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Boundaries of Personal Property - Shares and Sub-Shares (Hardcover, New)
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This study of the boundaries of personal property has an inward and
an outward perspective, with the intellectual emphasis on the
latter. The inward-looking inquiry considers shares as items of
personal property. Nowadays those who think of themselves as
shareholders often stand one step removed from the share itself.
They hold what this book christens a sub-share. This part of the
book asks in what sense shares and sub-shares can be conceived to
be things, how those things are alienated, and how they are
protected in litigation. The outward-looking inquiry then asks
whether personal property can be contemplated as a sub-category of
the law of things and, more particularly, as the law of all things
locatable in space, alienable, or vindicable in court. The outward
inquiry considers three boundaries. Within the law of property the
line between realty and personalty proves relatively
uncontroversial; the second boundary lies between property and
obligations; the third between wealth and non-wealth. The second
boundary is the main concern. Respect for it necessitates a
differentiation between the law of property in the strict sense and
the all-encompassing law of wealth, even where the consequence
might be to exclude shares and sub-shares from the law of property.
In maintaining the value of careful proprietary taxonomy and in
reviving the underlying concepts on which it depends, this book
opposes modern scepticism as to the possibility and desirability of
precision in legal classification. In these commitments it could
fairly be styled a post-modern study of personal property. Winner
of the SLS Birks Prize for Outstanding Legal Scholarship 2006 -
Second Prize.
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