This book analyses proprietary restitution, at law and in equity, and inquires whether proprietary relief is available in defective transfers of property. It particularly covers the law of rescission, resulting and constructive trusts, tracing and unjust enrichment.

This book analyses the mechanics of how legal ownership in tangible movable property passes from one person to another and the respective impacts of defects, such as mistake. It adopts a new approach, basically arguing that the conveyance of title is distinct and independent from the underlying contract.

This book addresses key questions about the division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. The book adopts a conceptual approach to property division, using New Zealand’s current law as a basis for critical analysis and drawing on international and comparative perspectives.

This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put in practice in French and English law, using commercial real estate as a case study.

Property Law Perspectives IV shows that attention is still being paid to the roots of property law.

There is an increasing debate on the way in which the EU has developed and what it must look like in the future. This debate includes a discussion on one of the core aspects of European integration: at which level should the rules be set and who decides where the authority to do so should lie? Private law has an important role to play in this discussion. Many private law rules touch on the core of the internal market as they serve to foster tr...

This book offers an interesting selection of recent developments in the broad field of property law, including contributions on constitutional property law, national private property law and European and comparative property law.

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.

This study provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU’s four freedoms on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so.