Modern Studies in Property Law, Volume 11

Erscheinungsjahr 2023
ISBN: 978-1-5099-7434-4
Verlag: Hart Publishing

Buch, Englisch, 364 Seiten, Paperback, Format (B × H): 168 mm x 242 mm, Gewicht: 640 g

What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century?

This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments.

As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'.

This collection looks at 5 themes:

- Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective;
- Taking and alienating property, including a chapter on bankruptcy and the family home;
- Modern dilemmas, including chapters on trusts in virtual currency and on smart homes;
- Old chestnuts - new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and
- Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity.

Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.

Autoren/Hrsg.

Farran, Sue

Hewitson, Russell

Ramshaw, Adam

Fachgebiete

• Rechtswissenschaften Bürgerliches Recht Sachenrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

PART I
COMPARATIVE PERSPECTIVES
1. Is the Grass Always Greener? Understanding Grazing and Cropping Rights in Northern Ireland

Bróna McNeill, at Queen's University Belfast, UK
2. Caveat Emptor or Caveat Venditor? Stigmatised Properties and Obligations of Disclosure

Christopher Pearce, University of New South Wales, Australia
3. Anomalies of English Trust Law: A Comparative Study

Rafael Ibarra Garza, Universidad de Monterrey, Mexico
4. Between Concepts and Policy: The Constructive Trust between Vendor and Purchaser in a Mixed Legal Tradition

Pablo Lerner, Zefat Academic College, Israel

PART II
TAKING AND ALIENATING PROPERTY
5. Property, Equality and the Freedom to Discriminate: The Case of the Discriminatory Gift

Jonas-Sébastien Beaudry, McGill University, Canada, and Aruna Nair, University of Oxford, UK
6. Bankruptcy and the Family Home: The Case for Imputing Insolvency Irregularities and a Presumption of Creditor Interests
John Tribe, University of Liverpool, UK
7. Justifying Security of Tenure: The Parameters of the Landlord and Tenant Relationship

Emma Lees, University of Cambridge, UK

PART III
MODERN DILEMMAS
8. Trusts in Virtual Currency

Joshua Teng, High Court of Malaya, Malaysia
9. Smart Homes

Sean Thomas, University of York, UK

PART IV
OLD CHESTNUTS: NEW CHALLENGES
10. Mortgage Law Reform in Scotland: Fifty Years Apart

Andrew Steven, University of Edinburgh, UK
11. Easements, the Ouster Principle and Coherence Across the Common Law World

Ben France-Hudson, University of Otago, New Zealand
12. Mapping Bad Charity

John Picton, University of Liverpool, UK

PART V
WILLS, DEATH AND OTHER MORBID TOPICS
13. A Validating Power for English Succession Law

Richard Hedlund, University of Lincoln, UK
14. The Role of Knowledge and Approval in Retrospective Assessments of Capacity

Juliet Brook, University of Portsmouth, UK

Über Autor(innen)

Ramshaw, Adam
Adam Ramshaw is Senior Lecturer at Northumbria Law School, UK.

Farran, Sue
Sue Farran is Reader in Law at Newcastle Law School, UK.

Hewitson, Russell
Russell Hewitson is Associate Professor of Law at the School of Law, Northumbria University, UK.

Sue Farran is Reader in Law at Newcastle Law School, UK.
Russell Hewitson is Associate Professor of Law, School of Law, Northumbria University, UK.
Adam Ramshaw is Senior Lecturer at Northumbria Law School, UK.