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Modern Studies in Property Law, Volume 12

Modern Studies in Property Law, Volume 12

Author: Natalie Mrockova; Aruna Nair; Luke Rostill
Publisher: Hart Publishing
ISBN: 9781509963669

Published In: August 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509972296

List Price: HKD 1,690.00

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Description
Contents

Details

This edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students. It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.

Preface

List of Contributors

Table of Cases

Table of Legislation

Part I: Boundaries of Property

1. A “bit” too much? The Common Law's Digital Dilemma

Sarah Green (University of Bristol, UK; Law Commission of England and Wales, UK)

2. The Rise and Rise Again of Digital Assets – Reconceptualising Data as Property

Damian Clifford (Australian National University, Australia), Andrew Ray (Australian National University, Australia; Federal Court of Australia) and Heather Roberts (Australian National University, Australia)

3. Treeholds

William Swadling (Professor at the University of Oxford, UK)

Part II: Morality of Property

4. Against Conventionalism

Jeremy Waldron (NYU, USA)

5. Expanding the Categories of Negative Easements- Time for Change?

Susan Pascoe (Middlesex University, UK)

6. 'SKI' Clubs and Alternative Choices: The Moral and Legal Limits of Disinheriting Adult Children

Heather Conway (Queen's University Belfast, UK)

Part III: Leases and Co-housing

7. Leases and the Nature of Co-ownership

Natalie Mrockova (University of Oxford, UK) and Luke Rostill (University of Oxford, UK)

8. Legal Meaning and Property Arrangement of Co-housing

by Fabiana Bettini (UCL, UK)

9. Property Guardianship: re-visiting and re-shaping the lease/licence distinction in English Property Law

Chris Bevan (University of Durham, UK)

10. Can Consumer Law Succeed Where Property Law Has Failed? Evaluating Responses to the Crisis of Leasehold

Helen Carr (University of Southampton, UK), Caroline Hunter (University of York, UK), Carl Makin (University of York, UK) and Gwilym Owen ( University of Bangor, UK)

Part IV: Property and Equity

11. Proprietary estoppel: great expectations and detrimental reliance

Lord Sales (Justice, UK Supreme Court, UK)

12. The essential similarity of the English and mixed legal systems express trusts

Joyman Lee (University of Glasgow, UK)

13. Elucidating Equity in Pallant v Morgan

Joshua Teng (Skrine, Malaysia)

14. Subrogation, Marshalling and Property

Rory Gregson (University of Cambridge, UK)