Property Rights and Bijuralism

Property Rights and Bijuralism
Author: Jan Jakob Bornheim
Publisher: Mohr Siebeck
Total Pages: 592
Release: 2020-10-12
Genre: Law
ISBN: 3161591682

"Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--

Bijuralism

Bijuralism
Author: Albert Breton
Publisher: Ashgate Publishing, Ltd.
Total Pages: 250
Release: 2006
Genre: Law
ISBN: 9780754647249

Bijuralism is the coexistence of two or more legal systems or subsystems within a broader legal order. Issues addressed in papers and comments in this volume carry important implications for legal education and for a furthering of our understanding of bijuralism and multijuralism.

Conceptualising Property Law

Conceptualising Property Law
Author: Yaƫll Emerich
Publisher: Edward Elgar Publishing
Total Pages: 352
Release: 2018-11-30
Genre: LAW
ISBN: 1788111842

Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.

New Perspectives on Land Registration

New Perspectives on Land Registration
Author: Amy Goymour
Publisher: Bloomsbury Publishing
Total Pages: 567
Release: 2018-02-08
Genre: Law
ISBN: 1509906045

The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation's interpretation and application has since generated many unanticipated problems which demand attention. In this book's twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.

Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie

Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie
Author: Frankie McCarthy
Publisher: Open Book Publishers
Total Pages: 422
Release: 2015-05-11
Genre: Law
ISBN: 1783741473

Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.

The Boundaries of Australian Property Law

The Boundaries of Australian Property Law
Author: Hossein Esmaeili
Publisher: Cambridge University Press
Total Pages: 347
Release: 2016-09-22
Genre: Law
ISBN: 1316679519

The Boundaries of Australian Property Law offers a unique perspective on real property law in Australia. As the overwhelming majority of land interests in Australia now fall under the Torrens title system, this book's particular focus on the development and operation of the Torrens system in Australia is both timely and welcome. Addressing the prescribed Priestly 11 requirements for a property law subject in Australia, this informative and academically rigorous book includes carefully selected statutory material and case law from all Australian jurisdictions, as well as the United Kingdom. The general law system is also discussed and referred to where necessary, to give context and depth to the analysis of real property law. Written by prominent real property law academics from law schools around Australia, and edited by Hossein Esmaeili and Brendan Grigg, this text is a modern and much-needed addition to real property law literature.

Indigenous Legal Traditions

Indigenous Legal Traditions
Author: Law Commission of Canada
Publisher: UBC Press
Total Pages: 189
Release: 2008
Genre: Law
ISBN: 0774855770

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

The Law of Bilingual Interpretation

The Law of Bilingual Interpretation
Author: Michel Bastarache
Publisher:
Total Pages: 216
Release: 2008
Genre: Law
ISBN: 9780433458456

"Canadian lawyers, legal academics and particularly judges face a constant challenge when interpreting bilingual federal or, in some cases, provincial legislation. While statutes are drafted in a manner that aspires to have both versions mirror one another, in practice, dual versions are often open for different interpretations, a situation that can prove extremely problematic."--pub. desc.