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Property and Contract: Comparative Reflections on English Law and Spanish Law

Property and Contract: Comparative Reflections on English Law and Spanish Law

Author: John Cartwright; Ángel M López y López
Publisher: Hart Publishing
ISBN: 9781509954483

Published In: May 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509929337

List Price: HKD 558.87

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This book explores the comparative issues in the relationship between property law and contract law in English and Spanish law. It also draws on other jurisdictions. Little is written on this (in either English or Spanish), meaning it gives English private lawyers exposure to material previously not easily accessible. It goes further, however, than simply setting out similarities/differences: it provides an insightful analysis of both systems key points of interest.

1. Introduction

John Cartwright, University of Oxford, UK and Ángel M López y López, University of Seville, Spain

I. General Scope and Purpose of the Book

II. Institutions and Terminology of the Spanish Law of Property

2. Contract and the Transfer of Ownership in Spanish and Latin American Law: An Overview

Ángel M López y López, University of Seville, Spain

I. Limited Scope of the Discussion

II. The Roman-Canon Law Tradition

III. The Break from the Traditional Mechanism of Transfer Made by the French Civil Code

IV. The System of 'Titulus et Modus' for the Transfer of Ownership in Spain, in Austria and widely in Latin America

V. Features of the Modern Spanish System

VI. Traditio of Movables and the Rule 'Possession is Equivalent to Title'

VII. Traditio of Immovables and Registration in the Public Register

3. The Dual Role of the Escritura Pública in the Sale of Immovable Property

Manuel Espejo Lerdo de Tejada, University of Seville, Spain

I. Introduction

II. Delivery as an Obligation of the Vendor and Delivery as Traditio

III. Some Special Features of the Transfer of Ownership by Escritura Pública

4. A Non Domino Acquisitions and Protection of Third-Party Purchasers of Immovable Property in the Spanish Legal System

Juan Pablo Murga Fernández, University of Seville, Spain

I. Introduction

II. The Principle and Requirements of Conclusive Title through Registration

III. The Fundamental Effect of Conclusive Title: Curing the Transferor's Lack of Power of Disposition and Establishing a True A Non Domino Acquisition

5. Contract and Conveyance: The Further Repercussions of Different Transfer Systems

Birke Häcker, University of Oxford, UK

I. Introduction, or: On the Importance of Understanding Rules in Context

II. Outline of the Different Property Transfer Regimes

III. The Passing of Risk

IV. The Nature of the Buyer's Claim against the Seller

V. Security Mechanisms and Protection against Insolvency

VI. The Effects of Rescission of Contract

VII. The Size and Structure of the Law of Unjust(ified) Enrichment

VIII. The Rules on Bona Fide Purchase

IX. Conclusion

6. The Creation and Transfer of Property Rights by Contract in English Law

John Cartwright, University of Oxford, UK

I. Introduction. Contract and Property: Independence and Interdependence

II. Contracts to Transfer Rights in Land: The Creation of Property Rights in Equity

III. Passing the (Legal) Property in Movables by Contract

IV. Conclusions

7. The Transfer of Ownership of Goods in the Draft Common Frame of Reference

Francisco Oliva Blázquez, University Pablo de Olavide, Seville, Spain

I. Introduction

II. The Proposal for Harmonising the Transfer of Ownership of Goods: The Work of the Study Group on a European Civil Code

III. The Basic Structure of Article VIII–2:101 DCFR

IV. Autonomy of Will and Transfer of Ownership

V. The Principle of Delivery and the Greater Protection of the Interests of All the Parties Involved (Creditors)

VI. Abstract Transfer versus Causal Transfer

VII. Conclusion

8. The Assignment of Contract: Some Comparative Reflections on French and English Law

Agnès Kwiatkowski, University of Lille, France

I. Introduction. The Assignment of Contract: An Intriguing Recognition

II. Opposing Visions of the Mechanism of Assignment

III. A Mechanism Revealing the Proprietary Character of the Contract

IV. Conclusion

9. Mistakes in Wills

Simon Douglas, University of Oxford, UK

I. Introduction

II. Mistakes

III. Remedies

IV. Conclusion

10. Private Property and Forced Expropriation: Current Challenges in Spanish Law

Encarnación Montoya Martín, University of Seville, Spain

I. Introduction

II. Private Property in the Spanish Constitution of 1978

III. Forced Expropriation

IV. Weak Points or Aspects Most in Need of Reform in the LEF

V. The United Kingdom before the European Court of Human Rights on the Basis of Expropriation

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