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Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus

Coming Soon Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus

Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus

Name: Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus
Brand: Hart Publishing
SKU: 9781509981960
Availability: PreOrder
Author: Ernesto Vargas Weil
ISBN: 9781509981960

By Ernesto Vargas Weil

Coming Soon Hart Publishing Available January 2027

Specifications

ISBN-13: 9781509981960
Publisher: Hart Publishing
Publication: January 2027
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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This book examines the English and German version of the numerus clausus principle which holds that there is a 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 transformations' of the existing property rights.

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

List of Abbreviations

List of Figures

List of Tables

Table of Cases

Table of Statutes

Table of Statuary Instruments

Introduction: The Spell of Property

1. Legal Change in Property Law

2. The Concept of a Property Right

3. The Numerus Clausus Principle

4. The Governance of Property Rights

5. Function and Justification of the Numerus Clausus

6. Numerus Clausus and Trespassory Liability

7. Numerus Clausus and Successor Liability

8. Form and Substance of the Numerus Clausus

9. The Future of the Numerus Clausus

Bibliography

Index

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