Cases And Text On Property

This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.

This casebook provides a basic introduction to the common law of property for students in Canadian law schools. In addition, to the “classic” cases from English and Canadian jurisprudence, this book utilises materials from around the common law world in an attempt to show the interconnectedness of the common law tradition. Topics include theories of property ownership, the acquisition of property, the doctrines of tenure and estates, leases, as well as a consideration of problems of marital property and co-ownership. In addition, the text presents a basic introduction to the real estate sales transaction.

This book provides a full and clear exposition of the fundamentals of intellectual property law in the UK. It combines excerpts from cases and a broad range of secondary works with insightful commentary from the authors which will situate the law within a wider international context.

Good news for Property professors! The long-awaited revision of Casner & Leach's CASES AND TEXT ON PROPERTY is now available. The Fourth Edition, preserves the character of its previous edition: Introductory chapters unveil the important historical perspective that infuses the book as the authors put contemporary property law in historical context. Classic cases & absorbing text match the high standard of quality established by Casner & Leach. Problems are seamlessly integrated with cases & notes. A broad scope of coverage ranges from interests protected as property, to title transfers, landlord & tenant law, housing discrimination, & land-use regulation. Important changes: New author team -Professors French, Korngold, & VanderVelde are eminently qualified to guide this exceptional casebook into the 21st century. Complete updating -Revised coverage includes new forms of property rights, such as computer-related intellectual property, & property issues that arise out of the latest developments in biotechnology. New cases & problems appear throughout. Improved organization -discrete chapters on water, oil, gas, & air rights from previous editions are now folded into chapters that encompass those topics; & material on deeds, mortgages, & title insurance can now be found in the chapter on closings. An extensive Teacher's Manual supplies teaching tips for making the best use of this comprehensive revision in class. CASES AND TEXT ON PROPERTY earned its prestigious position from years of classroom excellence & effectiveness. Now, in its completely current Fourth Edition, this classic casebook is ready for your immediate examination.

Co-Published with the Osgoode Society for Canadian Legal History Property on Trial is a collection of 14 studies of Canadian property law disputes -- some well-known, some more obscure -- that have helped to shape the contours of the principles and rules of property law over 150 years. These studies, written by some of Canada's leading legal historians, range in time from a discussion of a nineteenth-century dispute over the ownership of seal pelts in Newfoundland to modern questions of what constitutes private property in a digital age. They investigate the relationship between private and public interests in property; the limits of private property owners' rights in relation to others, particularly neighbours and family; and the intersection of property law principles with other branches of the law, including criminal law, family law, and human rights. The authors describe, in rich detail, the social, cultural, and political contexts in which the events unfolded, the backgrounds and personalities of the litigants, the skills of the lawyers, and the judicial attitudes of the day. On the one hand, Property on Trial is a collection of thoughtful and compelling stories about conflict in a wide variety of contexts, each with its own heroines and heroes, villains and ne'er-do-wells, winners and losers. On the other, it is an insightful look at the history of property law doctrine in Canada.