Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
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Time Limited Interests in Land (Hardcover, New)
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Time Limited Interests in Land (Hardcover, New)
Series: The Common Core of European Private Law
Expected to ship within 12 - 17 working days
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A comprehensive comparative treatment of six instances of
time-limited interests in land as encountered in fourteen European
jurisdictions. The survey explores the commercial or social origins
of each legal institution concerned and highlights their
enforceability against third parties, their content and their role
in land development. The commercial purpose of residential and
agricultural leases is contrasted with the social aim of personal
servitudes (and its common-law equivalent liferent) to provide
sustenance for life to mostly family members making the latter an
important estate planning device. Whereas the ingrained principles
of leases and personal servitudes restrain the full exploitation of
land, it is indicated that public authorities and private capital
could combine to turn the old-fashioned time-limited institutions
of hereditary building lease (superficies) and hereditary land
lease (emphyteusis) into pivotal devices in alleviating the acute
shortage of social housing and in promoting the fullest
exploitation of pristine agricultural land.
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