The Changing Role Of Property Law

This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation. Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law. An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.

As an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those receiving restitution for past property losses in Africa, Southeast Asia and in eastern Europe, collectives, corporate and individual actors. The volume thus provides a comprehensive anthropological analysis not only of property structures and ideologies, but also of property (and its politics) in action.

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, Ya'll 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.

"This practical guide provides a succinct overview of the principles of the common law of property in Canada's common law provinces and territories and a guide to the history and fundamental principles of Aboriginal title. This 2nd edition incorporates new and leading cases in real and personal property in context with statutes from across Canada highlighting intervening changes in the law since the publication of the first edition."--Publisher.

Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.

In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).

First published in 1997, this volume constitutes a collection of new papers by more than 20 United Kingdom and International experts on general and specific issues relating to the reform of all aspects of property law. Topics covered include the language of property law and the dangers of reform, the role of the Law Commission and the workings of Parliamentary procedures, registration of title to land, landlord and tenant, land pollution, mortgages, sale of goods, the Hague Convention on trusts, together with general comparative papers and papers dealing with specific issues of property law reform affecting Hong Kong, Ireland, Scotland and South Africa. The volume arises out of the successful conference 'The Reform of Property Law' hosted by the Centre for Property Law at The University of Reading in 1996.