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Conceptualising Property Law - Integrating Common Law and Civil Law Traditions (Hardcover)
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Conceptualising Property Law - Integrating Common Law and Civil Law Traditions (Hardcover)
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Conceptualising Property Law offers a transsystemic and integrated
approach to common law and civil law property. Property law has
traditionally been excluded from comparative law analysis, common
law and civil law property being deemed irreconcilable. With this
book, Yaell Emerich aims to dispel the myth that comparison between
these two systems of property is impossible. By establishing a
dialogue between common law and civil law property, it becomes
clear that the two legal traditions share common ground in the way
that they address legal, cultural, and social issues related to
property and wealth. In this comparative analysis, specific
parallels are drawn between the common law and civil law in their
treatment of historical property models, possession, ownership,
private property limits, objects of property, fragmentation and
modifications to property, and trusts. This integrated approach to
common law and civil law property draws examples from multiple
jurisdictions, including England, Scotland, Canada, Quebec, First
Nations, France, and Germany. Private, transsystemic, and
comparative law scholars and students, especially property law
scholars will be interested in the book's approach to property law
and its analysis of the theoretical foundations and conceptions of
property and ownership in the common law and civil law traditions.
It will also be informative for property law practitioners.
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