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Real Obligations at the Edge of Contract and Property (Hardcover)
Loot Price: R5,464
Discovery Miles 54 640
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Real Obligations at the Edge of Contract and Property (Hardcover)
Series: Property Law, 9
Expected to ship within 12 - 17 working days
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This book extensively analyses obligations connected to property
rights, or 'real obligations', in a comparative perspective through
a study of Belgian, French, Dutch and Scots law. Examples of real
obligations are the periodical payment obligation of a long lease
holder, the maintenance of the property subject to a servitude and
the financial contributions by apartment owners. A real obligation
differs in several aspects from a personal obligation. A real
obligation is for instance so closely connected to a property right
that the obligation transfers automatically to the transferee of
the property right. After defining real obligations and the
exclusion of several related legal mechanisms in Part I, the regime
of real obligations is analysed in Part II. The liability of both
the transferor and transferee for real obligations, which are for
many property rights underregulated, for instance, are analysed in
detail. Those findings are applied to the specific property rights
in Part III, so that particular problems for a specific property
right are also analysed and, where possible, solved. For instance
the role of party autonomy in the creation of a long lease right is
studied. Also the different obligations which can be connected to a
servitude are delineated. Part IV deals with legal mechanisms most
of which have recently been introduced, allowing to connect
obligations to a piece of property, outside the traditional
framework of property rights, such as the Dutch 'qualitative
obligation' and the French obligation reelle environnementale. The
book ends with a discussion of the possibility and desirability of
the (broader) introduction of such real obligations, which could
entail the introduction of new property rights sui generis.
General
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