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 : 44. 8 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.

The Common Core Of European Private Law

Author : Ugo Mattei
ISBN : 9789041120045
Genre : Civil law
File Size : 65. 62 MB
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Papers originally presented at meetings of the Common Core of European Private Law Project.

European Condominium Law

Author : Cornelius Van Der Merwe
ISBN : 9781107093898
Genre : Law
File Size : 67. 30 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 : 57. 35 MB
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A pioneering work capturing the recent rise of moral damages in modern European contract law.

Protection Of Immovables In European Legal Systems

Author : Sonia Martin Santisteban
ISBN : 9781316432570
Genre : Law
File Size : 46. 45 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. 14 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.

Security Rights In Movable Property In European Private Law

Author : Eva-Maria Kieninger
ISBN : 1139454757
Genre : Law
File Size : 56. 63 MB
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For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.

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