Coming Soon The Property-Contract Interface: Historical and Theoretical Perspectives

Contract Law › Conveyancing / Tenancy / Land › Law

The Property-Contract Interface: Historical and Theoretical Perspectives

Edited by James Penner · Irina Sakharova · Henry E. Smith · Zhong Xing Tan
Coming Soon Oxford University Press Available August 2026

Specifications

ISBN-13
9780198951988
Publisher
Oxford University Press
Publication
August 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This collection of essays brings together leading experts with emerging scholars from different common law jurisdictions to deal with foundational questions about the relationship between property and contract. The volume is structured in five parts: forms of property; contract and conveyance; institutions; structure of private law; and theories of contract.

Some essays focus in on specific institutions along the property contract interface, including bailments, leases, security interests, and trusts, as well as the role of contract in property transfer. Others use the lens of property and contract to analyse debt, money, and choses in action. Overall, the essays exemplify the vigour of scholarship in this area and point to further directions for deepening our understanding of the property-contract interface.

Table of Contents

I. The Nature of Property and Contract
1:Private Rights: Artificial But Not Instrumental, Rebecca Stone
2:When Contract Makes Property, Aditi Bagchi
3:Property, Contract, and Normative Powers, Irina Sakharova

II. Property, Contract, and the Structure of Private Law
4:Combining Property and Contract, Henry E. Smith
5:The Basic Stuff of Private Law, Nick Sage
6:Restrictive Covenants, Robert Chambers
7:Bilateral Broadcasting and the Foundations of Private Law, Zhong Xing Tan
8:Towards a Legal Analysis of Externalities, Richard R. W. Brooks

III. Institutions Along the Property-Contract Interface
9:Bailment and the 'Three Body Problem', Katy Barnett
10:The Property/Contract Interface: Hybrid Leases, Thomas W. Merrill
11:The Nature of the Interest of an Object of Trust or Power, Lusina Ho
12:Intermediate Rights-Bridging the Theory/Doctrine Divide, Lee Pey Woan and Zhang Wei

IV. Contract and Conveyance
13:Property and Contract in the Development of the Sale of Goods: Views of the Victorians, Catharine MacMillan
14:Properties of Debt: History and Analysis, Joshua Getzler

V. Contract, Property, and Beyond
15:Are Choses in Action Property?, William Swadling
16:Having, Doing, Owing, Larissa Katz
17:Cash and Credit: Money and the Property-Contract Interface, James Penner
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