Category Archives: Property

John Lovett, ‘Yaëll Emerich, Conceptualising Property Law: Integrating Common Law and Civil Law Traditions

Conceptualising Property Law: Integrating Common Law and Civil Law Traditions, by Yaëll Emerich, Elgar, 2018, ISBN 978-1-78811-183-6, 352 pp, £22/$31. In her newly published book, Conceptualising Property Law: Integrating Common Law and Civil Law Traditions, Yaëll Emerich explores the evolution and current status of property law in the civil and common law. The predominant theme […]

Kate Falconer, ‘Reconceptualising the Law of the Dead by Expanding the Interests of the Living’

ABSTRACT Despite its name, the Australian law of the dead – a term used here to refer to the common law governing the treatment and disposal of the body of a deceased person – has extraordinarily little to do with the recently deceased. Instead, it is traditionally (and narrowly) conceptualised from the perspective of the […]

John Langbein, ‘Because Property Became Contract: Understanding the American Nonprobate Revolution’

ABSTRACT In modern American practice the state-operated court system for transferring wealth on death, called probate, is being displaced. The wealth-transfer process has been increasingly privatized, conducted now mostly in the back offices of financial institutions rather than in the probate courts. Driving this privatization of wealth transfer has been a profound change in the […]

Taisu Zhang, ‘Land Law in Chinese History’

ABSTRACT Although land law or ‘real property law’ is but one of several branches of what scholars commonly call ‘economic law’, or laws that regulate everyday economic activity, its history has drawn, over the past several decades, an unusually large amount of attention from legal theorists, economists, and comparative scholars of all methodological orientations. This […]

Timothy McFarlin, ‘Using Open-Source, Collaborative Online Reading to Teach Property’

ABSTRACT Would you like students to read more before class? Read more deeply and critically? Help each other do that? Would you like a window into their thoughts, interests, and questions while they read? The ability to respond to them in real-time? Then read on. Would you like more control over your course material? Stop […]

Babie, Leadbeter and Nikias, ‘Property, Unbundled Water Entitlements, and Anticommons Tragedies: A Cautionary Tale From Australia’

ABSTRACT As water becomes an increasingly scarce resource, a lack of clarity in relation to its use can produce both conflict among and inefficient use by users. In order to encourage markets in water and to ensure the viability and functionality of those markets, governments in many jurisdictions have moved away from commons property as […]

Sjef van Erp, ‘European Property Law: Competence, Integration, and Effectiveness’

ABSTRACT Within the European Union property law is, for the most part, governed by the laws of the member states, not unlike in the United States where property law is foremost state law. Only in certain areas fragments of ‘European’ (ie, European Union) property law can be found. The European Union only has limited competences […]

‘Property and Ownership’

“Property is a general term for rules governing access to and control of land and other material resources. Because these rules are disputed, both in regard to their general shape and in regard to their particular application, there are interesting philosophical issues about the justification of property. Modern philosophical discussions focus mostly on the issue […]

Wright and Emrick, ‘Tearing Down the Wall: How Transfer-on-Death Real-Estate Deeds Challenge the Inter Vivos/Testamentary Divide’

ABSTRACT This Article will examine one of the most recent will substitutes, the transfer-on-death (‘TOD’) real-estate deed. Nearly half of the states have recognized, through common-law forms or legislation, a mechanism to allow for the transfer of real property on death without using a will, without following the will formalities, and without necessitating probate. This […]

‘No new possession claims (for at least 3 months)’

“The Government has just announced emergency legislation to do the following: Stop any new possession claims (social and private tenancies) being issued at court for the next three months (at least); Introduce a new pre-action protocol for possession claims, to apply after the three months (or whenever) which will apply to private as well as […]