Stability and Change in Modern Property Law
eBook - ePub

Stability and Change in Modern Property Law

A Comparative Approach to the Principle of Numerus Clausus

  1. English
  2. ePUB (mobile friendly)
  3. Available on iOS & Android
eBook - ePub

Stability and Change in Modern Property Law

A Comparative Approach to the Principle of Numerus Clausus

About this book

This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights.

It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of 'functional transformation' of the existing property rights.

This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.

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Yes, you can access Stability and Change in Modern Property Law by Ernesto Vargas Weil in PDF and/or ePUB format, as well as other popular books in Law & Property Law. We have over one million books available in our catalogue for you to explore.

Information

Year
2025
eBook ISBN
9781509981939
Edition
1
Topic
Law
Subtopic
Property Law
Index
Law

Table of contents

  1. Cover
  2. Dedication
  3. Title Page
  4. Preface
  5. Acknowledgements
  6. Contents
  7. Abbreviations
  8. List of Figures and Tables
  9. Table of Cases
  10. Table of Legislation
  11. Introduction: The Spell of Property
  12. 1. Legal Change in Property Law
  13. 2. The Concept of a Property Right
  14. 3. The Numerus Clausus Principle
  15. 4. The Governance of Property Rights
  16. 5. Function and Justification of the Numerus Clausus
  17. 6. Numerus Clausus and Trespassory Liability
  18. 7. Numerus Clausus and Successor Liability
  19. 8. Form and Substance of the Numerus Clausus
  20. 9. The Future of the Numerus Clausus
  21. Bibliography
  22. Index
  23. Copyright Page