time limited interests in land the common core of european private law

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Time Limited Interests In Land

Author : Cornelius Van Der Merwe
ISBN : 9781139511032
Genre : Law
File Size : 87. 30 MB
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A comprehensive comparative treatment of six instances of time-limited interests in land as encountered in fourteen European jurisdictions. The survey explores the commercial or social origins of each legal institution concerned and highlights their enforceability against third parties, their content and their role in land development. The commercial purpose of residential and agricultural leases is contrasted with the social aim of personal servitudes (and its common-law equivalent liferent) to provide sustenance for life to mostly family members making the latter an important estate planning device. Whereas the ingrained principles of leases and personal servitudes restrain the full exploitation of land, it is indicated that public authorities and private capital could combine to turn the old-fashioned time-limited institutions of hereditary building lease (superficies) and hereditary land lease (emphyteusis) into pivotal devices in alleviating the acute shortage of social housing and in promoting the fullest exploitation of pristine agricultural land.

European Condominium Law

Author : Cornelius Van Der Merwe
ISBN : 9781107093898
Genre : Law
File Size : 77. 66 MB
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The first comprehensive comparative treatment in English of condominium (apartment ownership, commonhold) law in the 21 most important European jurisdictions.

The Recovery Of Non Pecuniary Loss In European Contract Law

Author : Vernon V. Palmer
ISBN : 9781107098626
Genre : Law
File Size : 54. 49 MB
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A pioneering work capturing the recent rise of moral damages in modern European contract law.

Modern Studies In Property Law

Author : Nicholas Hopkins
ISBN : 9781782251804
Genre : Law
File Size : 41. 83 MB
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This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.

Protection Of Immovables In European Legal Systems

Author : Sonia Martin Santisteban
ISBN : 9781316432570
Genre : Law
File Size : 35. 30 MB
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How should a landowner respond when a squatter occupies their land? This book discusses the issues focussing on vindicatio, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman laws, which are expertly explored in an introductory chapter. Also included is a chapter exploring human rights interventions in such actions. Twelve case studies offer an extensive and comparative analysis across sixteen European jurisdictions. The basic defendants covered are squatters taking over a home, environmental protesters, licensees and former tenants. The case studies include, amongst others, self-help; restitution; competing claims to ownership (and the relevance of registration systems to claims to ownership); adverse possession; neighbours; nuisance and encroachment.

A Factual Assessment Of The Draft Common Frame Of Reference

Author : Luisa Anatoniolli
ISBN : 9783866538696
Genre : Law
File Size : 49. 18 MB
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This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.

Transfer Of Immovables In European Private Law

Author : Luz M. Martínez Velencoso
ISBN : 9781107187092
Genre : Law
File Size : 48. 83 MB
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This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.

The Common Core Of European Private Law

Author : Ugo Mattei
ISBN : 9789041120045
Genre : Civil law
File Size : 58. 98 MB
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Papers originally presented at meetings of the Common Core of European Private Law Project.

Principles Definitions And Model Rules Of European Private Law

Author : Study Group on a European Civil Code
ISBN : 9783866530973
Genre : Law
File Size : 65. 96 MB
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The Draft of a Common Frame of Reference (DCFR) is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law. A year ago, an interim outline edition of the Draft Common Frame of Reference (DCFR) was published by sellier. european law publishers (Germany). It covered the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text was to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003. Now available for the first time is the final outline edition of the DCFR. This final outline edition covers major new topics and includes a revised and expanded list of definitions. This revision of the interim outline edition takes public discussion into account and also contains an additional section on the principles underlying the model rules. In late 2009, the six-volume full edition of the DCFR, including all comments and notes, will be published.

The Enforceability Of Promises In European Contract Law

Author : James Gordley
ISBN : 1139428632
Genre : Law
File Size : 43. 98 MB
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Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.

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