Property Law Perspectives II

This book offers new perspectives on property theory, constitutional property law, and private law-property law. Under these headings, young and renowned property law scholars present their current research and offer an exciting look into the challenges property law faces in the 21st century.
Author(s):
Bram Akkermans, Ernst Marais, Eveline Ramaekers
Series:
Ius Commune Europaeum
Volume:
122
book | published | 1st edition
October 2013 | xxxii + 366 pp.

Paperback
€75.-


ISBN 9781780682020


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Details

This book contains selected contributions from the third Young Property Lawyers Forum (YPLF) and the YPLF Masterclass 2012. It offers new perspectives on property theory, constitutional property law, and private law-property law. Under these headings, young and renowned property law scholars present their current research and offer an exciting look into the challenges property law faces in the 21st century.
In November 2012 the YPLF met in Stellenbosch, South Africa for the Forum’s third edition. It is an informal network of young property law researchers that seeks to bring together property law researchers from around the world and to enable them to discuss their work with each other and with more experienced researchers. On this occasion a special Master Class was held after the YPLF in which some of the world’s leading property law scholars presented their research. The YPLF continues to form a network for property law researchers around the word, leading to more conferences and publications.

Chapters

Table of Contents (p. 0)

PART I: CONSTITUTIONAL PROPERTY LAW

Lex situs and Article 1 Protocol 1. The influence of the European Convention on Human Rights on Private International Law (p. 1)

How to Fairly Judge Restrictions to Property Rights: an Overview on ECtHR’s view on Public and Private Interests in the regulation of Property (p. 21)

South Africa’s Communal Land Rights Act: Rating the Attempt to Translate Customary Land Tenure into Legislation (p. 39)

The Opportunities and Challenges of Empirical Work: Housing Possession (p. 63)

What to Do about Fracking in the Karoo? (p. 83)

PART II: CONCEPTS OF PROPERTY LAW

Does the Expansion of the Concept ‘Immovable’ Influence Immovable Accession? (p. 109)

Putting Universal Classifications of Property into Question: Standing Timber (p. 131)

Client Accounts: in Search of a Legal Foundation (p. 165)

Party Autonomy in the Classification of Things: Expansion of the Term ‘Immovable’ (p. 185)

The Contractualization of Leases in Common Law Jurisdictions: Recent Developments (p. 205)

PART III: DEVELOPMENTS IN PROPERTY LAW AND PROPERTY THEORY

Standardization of Property Rights in European Property Law (p. 219)

The Rule of Reason in Property Law (p. 251)

PART IV: PRIVATE LAW AND PROPERTY LAW

A Comparison between a Lien (right of retention) in South African Law and het retentierecht in Dutch Law before and after the Enactment of the Current Burgerlijk Wetboek (p. 275)

A Comparative Analysis of the Principle of Indivisibility (p. 293)

Factual Universalities of Goods – Still Alive and Kicking? (p. 309)

The Reality of Fragmented Property Rights (p. 341)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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