Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.
Arvustused
This book is a unique achievement of scholarship. It challenges an extraordinary breadth of orthodox jurisprudence and dogmatic argument, whilst justifying such challenges by formulating a common framework of reference around which the underlying logic of property law across jurisdictions may be rationalised. Property scholars around the world will owe a great debt to the translator for his part in making this work available beyond the German-speaking world. This reviewer will surely not be alone in wondering if and when an English translation of the remainder of the original six-part treatise will also be made available. * Amy Held, Oxford Journal of Legal Studies *
1. Property Law and Property Rights
2. Absolute Rights in Assets
3. Object, Holder, and Content of Property Rights
4. Objects, Not Persons
5. A Tri-Partite Conceptual Framework: Objects of Legal Transaction, Goods, and Things
6. Real Things
7. Normative Things with a Physical Substrate: Land Units
8. Purely Normative Things
9. Objects of Legal Transaction Connected to Things
10. Things and Rights
Christian von Bar is an Emeritus Professor and former director of the European Legal Studies Institute, Osnabrück, Germany. Specialising in private international, tort, and property law, von Bar chaired the Study Group on a European Civil Code. He is a fellow (Hon.) of the British Academy, an Honorary Bencher of Gray's Inn, and holder of the Leibniz Prize, Germany's highest academic honour.
Jason Grant Allen is an Associate Professor of Law at Singapore Management University's Yong Pung How School of Law. He read Law and German at the University of Tasmania, Australia, completed graduate level legal studies at both the Universität Augsburg, Germany and Cambridge University, UK, and then post-doctoral research at the Humboldt-Universität zu Berlin Centre for British Studies. He is a member of the UNIDROIT expert working group on the private law applicable to digital assets.
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