The Distinction of Land and Goods in English, French, German and EU Law

The Use of a 'Universal' Classification through the Example of Standing Timber and other Things agreed to be severed from Land

Shaun Charlton

• Publisher: V&R Unipress
• Year: 2022
• Print ISBN: 9783847113928
• eBook ISBN: 9783847013921
• Edition: 1
• Topic: Law
• Subtopic: Civil Law
• Index: Law

Most national law expositions leave a distinct impression of a naturalistic approach to the categorisation of property. The view advocated in this study is that the accession or severance of things to and from land as a 'natural scientific enquiry' based exclusively on blends of physical attachment to or socially-expressed intention in respect of land is misleading, or, at least, not decisive. National law accounts of the rules governing the distinction of land and goods need recalibrating to take account of the purpose, or the legal reasons, why land is being distinguished from goods. This is well illustrated by the example of standing timber, variously described doctrinally and in the national case-law as integral parts of land or (presently-existing or future) goods. Purpose of classification reveals the many nuances of competing policy considerations and, in turn, better reflects the law as it stands. The same principles may be applied to the case-law of the CJEU.

Table of contents

• Title Page
• Copyright
• Table of Contents
• Body
• Acknowledgements
• Introduction
• Chapter 1. Land and Goods, Movables and Immovables
• Chapter 2. Tax law: ˋnow you see they see them, now you don't!'
• Chapter 3. Requirements of form for sales contracts in land
• Chapter 4. A conceptual framework for the application of the distinction outside of property law
• Chapter 5. Nursery plants, German Christmas trees and transplantation
• Chapter 6. The distinction of land and goods in EU law
• Conclusion
• Bibliography