The first attempt to address comparative property law in a
common integrative framework, this study discusses German, Italian,
French, American, and British property law as mere variations based
upon a few fundamental themes through which these nations developed
legal systems to provide responses to common economic problems and
to set legal foundations for working markets. "Basic Principles of
Property LaW" was produced to offer a common framework for the
discussion of the law of property within countries in transition,
thus it has its basis, not on just one legal system, but on the
institutional commonalties that make western property law a working
market institution. It offers a major challenge to conventional
thinking that in property law the differences between common law
and civil law are so important that common core research is
impossible.
Mattei hopes to guide the reader to think comparatively about
property by shedding many preconceived formalistic abstractions.
The substance of property law, he argues, is much more common
throughout the Western legal tradition than legal scholars would
have us believe. Through a set format and accessible writing, this
book looks at national legal traditions as responses to common
economic problems. It sets the foundations for further much needed
integrative comparative legal research in the domain of property
law.
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