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Books > Law > International law > Private international law & conflict of laws
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The Acquisition of Immovables through Long-Term Use (Paperback)
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The Acquisition of Immovables through Long-Term Use (Paperback)
Series: The Common Core of European Private Law, 3
Expected to ship within 12 - 19 working days
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Launched in 1993, The Common Core of European Private law is the
oldest ongoing collective comparative law efort in Europe. Putting
cases at their heart, each book in this series analyses a selected
legal topic on the basis of real and fctional facts across diferent
European and other jurisdictions. The likely outcome of the
decision and its underlying legal rules are clearly set out case by
case and jurisdiction by jurisdiction. In addition, the national
reporters put the respective legal rules into the relevant cultural
context. In this way, the collaborative efort brings not only the
inner structures of national laws in Europe to the fore, but also
the diferent cultural sensitivities forging their development in
the frst place. It allows a reliable map of what is diferent and
what is common in the various private laws across Europe to be
drawn, without any specifc agenda for or against the further
harmonisation of private law in Europe. The series comprises more
than 20 volumes of work of more than 300 academics and is an
invaluable tool to understand private law across Europe. In this
book, which is part of the Common Core of European Private Law
series, reporters consider legal institutions - such as the
well-known acquisitive prescription and adverse possession - that
allow squatters and other persons who have occupied the private or
public land of others to acquire that land through mere long-term
use. Rules permitting such acquisition have existed since Roman
times and are said to promote legal certainty as regards ownership
of land. The reporters investigate how these rules work in their
legal systems today and whether this justifcation still holds
water, especially given that land is now registered in most
countries. Registration seems to obviate the necessity for rules
permitting acquisition of land through mere long-term use, as land
registration systems create clarity as to who owns the land. The
continued existence of these rules also comprises a human-rights
dimension. Landowners enjoy constitutional property protection
under many constitutions and other legal instruments. The loss of
protected ownership draws the constitutional validity of rules on
long-term use into question. Yet, the rights to housing and human
dignity are also relevant, especially where such users have lived
on the land for extended periods and regard it as their home or
where they are vulnerable to landlessness. As such, these rights
must be balanced against each other. The reporters represent 19
jurisdictions from all over the world, including civil law, common
law and mixed legal systems, and are from both the global north and
the global south. A comparison between these legal systems and
their experience with their rules on long-term use reveals a common
core and guidelines against which these rules may be measured in
other countries. As such, this book will be valuable to
practitioners dealing with both private and public law, academic
lawyers and government ofcials tasked with land use planning. With
contributions by Miriam Anderson (University of Barcelona), Michel
Boudot (Universite de Poitiers), Dmitry Dozhdev (Moscow School of
Social and Economic Sciences), Magdalena Habdas (University of
Silesia in Katowice), Karoline Rakneberg Haug (Norwegian
Parliamentary Ombud for Scrutiny of the Public Administration),
Bjoern Hoops (University of Groningen), Eran S. Kaplinsky
(University of Alberta), John A. Lovett (Loyola University New
Orleans College of Law), Ernst J. Marais (University of
Johannesburg), Francesco Mezzanotte (University of Roma Tre), Matti
Ilmari Niemi (University of Eastern Finland), Alasdair Peterson
(University of Glasgow), Hector Simon (University Rovira i Virgili,
Tarragona), Jozef Stefanko (University of Trnava), Johan Van de
Voorde (University of Antwerp), Filippo Valguarnera (Stockholm
University), Leon Verstappen (University of Groningen), Emma J.L.
Waring (University of York) and Una Woods (University of Limerick).
General
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