Title
Cases, Materials And Text On Property Law (Ius Commune Casebooks For The Common Law Of Europe)
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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, Thoughtpatterns, 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.
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- Q: What is the main focus of 'Cases, Materials and Text on Property Law'? A: The book provides a comprehensive comparative analysis of property law systems in Europe, exploring the law of immovables, movables, and claims.
- Q: Who is the author of this casebook? A: The author of 'Cases, Materials and Text on Property Law' is Sjef van Erp.
- Q: How many pages does this book contain? A: This casebook contains 1256 pages, offering an in-depth exploration of various property law topics.
- Q: What legal systems are compared in the book? A: The book examines major European legal systems, including French, German, Dutch, and English law, with some discussion of Austrian and Belgian law.
- Q: What topics related to property rights does the book cover? A: It addresses various types of property rights, their creation, transfer, and destruction, as well as security rights like mortgages and pledges.
- Q: When was 'Cases, Materials and Text on Property Law' published? A: The book was published on July 23, 2012.
- Q: Is this book suitable for beginners in property law? A: Yes, the casebook is designed to guide readers through the complexities of property law, making it accessible for those new to the subject.
- Q: What is the binding type of this book? A: The book is available in paperback binding.
- Q: What makes this casebook unique compared to others? A: It combines primary source materials with doctrinal insights, providing a multifaceted view of property law and highlighting the evolving nature of legal systems.
- Q: Can this book help in understanding the integration of property law in the EU? A: Absolutely, it discusses harmonizing efforts at the EU level and how economic integration impacts property law, making it relevant for understanding current trends.