Modern Studies in Property Law, Volume 11

Author: Sue Farran; Russell Hewitson; Adam Ramshaw
Publisher: Hart Publishing
ISBN: 9781509974344

Published In: December 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509939275

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What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century?

This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments.

As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'.

This collection looks at 5 themes:

Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective
Taking and alienating property, including a chapter on bankruptcy and the family home
Modern dilemmas, including chapters on trusts in virtual currency and on smart homes
Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions, and
Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity

Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.

I. Comparative Perspectives

1.Is the Grass Always Greener? Understanding Grazing and Cropping Rights in Northern Ireland

Bróna McNeill (Queen's University Belfast, UK)

2. Caveat Venditor: Let the Vendor Beware

Christopher Pearce (University of New South Wales, Australia)

3. Anomalies of English Trust Law: A Comparative Study

Rafael Ibarra Garza (Universidad de Monterrey, Mexico)

4. Between Concepts and Policy: The Constructive Trust between Vendor and Purchaser in a Mixed Legal Tradition

Pablo Lerner (Zefat Academic College, Israel)

II. Taking and Alienating Property

5. Property, Equality, and the Freedom to Discriminate: The Case of the Discriminatory Gift

Jonas-Sébastien Beaudry (McGill University, Canada) and Aruna Nair (University of Oxford, UK)