European Land Law
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European Land Law
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Author : Peter Sparkes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-11-30
European Land Law written by Peter Sparkes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-30 with Law categories.
In his remarkable, path-breaking new book, Peter Sparkes takes stock of the development of a distinctive body of European land law, taking as his starting point the idea that methods of land-holding permitted by a legal system both shape and reflect the attitudes of the land owners and society in general. However it quickly becomes very difficult to test that idea when the society in question is governed by an internal market composed of 30 countries (the EU-27, including Bulgaria and Romania, and the EEA-3), whose property systems differ so markedly and which reflect such widely differing cultures. Yet the internal market has already effected a gradual equalisation and standardisation across Europe as foreign capital spreads to create equality of yield. "We all become better off by joining a larger trading block but the social consequences will be profound: Brits will need to emigrate to the continent to afford a home, Bulgarians will need to make way for them along the Black Sea coast, and title deeds will be reshuffled all over Europe on a giant Monopoly board" writes the author in his preface, before embarking on a dispassionate examination of the beginning of that process of profound change. The opening chapters are devoted to an explanation of how the internal market has created a substantive European land law. Chapter 3 examines the rise of a distinctive European land law, and the development of conflicts principles applying to recovery of land. Chapters 5 to 9 on the marketing and sale of land focus upon Community competence on consumer protection. The decision to treat land as a product like any other in the Unfair Commercial Practices Directive will have wide ranging and far reaching implications and, apart from marketing of land and of timeshares, other chapters deal with conveyancing, contracting and the emerging market in mortgage credit. The book concludes with a miscellany of conflicts rules which are gradually coalescing and form the elements from which a substantive European land law can be forged. A number of topics which it is not possible to cover in detail (VAT, other taxes, environmental controls and agriculture) are touched on briefly, and the same is true of international aspects of trusts and succession.
Land Ownership Right In European Countries
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Author : Oleg Igorevich Krassov
language : en
Publisher: XSPO
Release Date :
Land Ownership Right In European Countries written by Oleg Igorevich Krassov and has been published by XSPO this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
The monograph presents the legal regulation system of land ownership relations in the law of continental European countries, English common law and Russian law. The concepts of ownership right and land ownership right existing in civil law, common law and Russian land law are analyzed. The land ownership right is considered as a complex legal institution regulated by the constitutional, civil, and land law norms, as well as legislation on planning the use of land, on environmental protection, water, forestry, on the subsoil, on the protection of historical and cultural sites, etc. The monograph is targeted to students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land ownership issues.
The Principle Of Numerus Clausus In European Property Law
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Author : Bram Akkermans
language : en
Publisher:
Release Date : 2008
The Principle Of Numerus Clausus In European Property Law written by Bram Akkermans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Numerus clausus categories.
In order to develop a framework that can form a basis for the development of a European property law, this book provides a comparative analysis of property law from the perspective of four European legal systems and European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to shape property rights, or even create new types of rights. In the last decades, property law has come under pressure to allow more party autonomy. In other words, property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result, rights have come into existence that are intermediary between the law of contract and the law of property. Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognized. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.
European And National Property Law
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Author : J. H. M. van Erp
language : en
Publisher: Europa Law Publishing
Release Date : 2006
European And National Property Law written by J. H. M. van Erp and has been published by Europa Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Property categories.
This volume of The Walter van Gerven Lectures series examines the relationship between European and national property law. One of the pillars of the economic constitution of the EU is what might be called "freedom of property." It is, however, not really clear what is meant by "property" and "property rights" in a private law sense. How can property rights, or rights against the world, be defined at a European level? Under the surface of the differing rules, European property law systems seem to share several leading policies and principles, yet existing differences should not be ignored. A search for common policies, principles, concepts, and rules is badly needed. The lecture documented in this book provides research, examining problem areas and presenting suggestions.
Transfer Of Immovables In European Private Law
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Author : Luz M. Martínez Velencoso
language : en
Publisher: Cambridge University Press
Release Date : 2017-05-25
Transfer Of Immovables In European Private Law written by Luz M. Martínez Velencoso and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-25 with Law categories.
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
The Future Of European Property Law
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Author : Sjef Erp van
language : en
Publisher: Walter de Gruyter
Release Date : 2012-05-29
The Future Of European Property Law written by Sjef Erp van and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-29 with Law categories.
European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities
Cultural Property Law And Restitution
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Author : Irini A. Stamatoudi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Cultural Property Law And Restitution written by Irini A. Stamatoudi and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Political Science categories.
This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.
The Eu Regulations On The Property Regimes Of International Couples
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Author : Ilaria Viarengo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
The Eu Regulations On The Property Regimes Of International Couples written by Ilaria Viarengo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-26 with Law categories.
This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. Written by experts from a variety of European countries, it offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.
Land Law
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Author : Elizabeth Cooke
language : en
Publisher:
Release Date : 2015
Land Law written by Elizabeth Cooke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Land tenure categories.
Introducing the key elements of land law, this work reflects on the theoretical and policy issues that have shaped the law, and includes comparative commentary examining differences, and reasons for these, between English and European land law. It also covers the Land Registration Act 2002, and its influences.
Unlocking Eu Law
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Author : Tony Storey
language : en
Publisher:
Release Date : 2014
Unlocking Eu Law written by Tony Storey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Land Law is an essential element of all law degrees. UNLOCKING LAND LAW will ensure that you grasp the main concepts with ease, providing you with an indispensable foundation in the subject. This fourth edition is fully up to date with the latest changes in the law and includes discussion of: The definition of land The registered land system Co-ownership Express, resulting and constructive trusts in land Leases Key rights in land such as easements and covenants Mortgages Proprietary estoppel and licences. Adverse possession The UNLOCKING THE LAW series is designed specifically to make the law accessible. Each chapter contains: aims and objectives activities such as self-test questions key facts charts to consolidate your knowledge diagrams to aid memory and understanding prominently displayed cases and judgments chapter summaries a glossary of legal terminology essay questions with answer plans. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units. The website www.unlockingthelaw.co.uk provides free resources such as multiple choice questions and updates to the law.
