Category Archives: Property

Vanessa Casado-Pérez, ‘A Street View of Property’

Abstract Parking on public streets is scarce. The current allocation system for parking spots based on rule of capture coupled with low parking fees creates a tragedy of the commons scenario. The misallocation of parking has consequences for commerce, for access to public spaces, and for pollution and congestion. Municipalities have not widely adopted the […]

Kwan and Chin, ‘Be careful what you promise: Proprietary estoppel in Cowper-Smith v Morgan

Abstract Proprietary estoppel provides one of equity’s most powerful remedies. Estoppel is an equitable doctrine which arises when one party acts on the reliance of the promise of another. The promise and corresponding reliance creates a quasi-contract with reliance acting as an alternative to the consideration usually required in contracts. Proprietary estoppel is distinct from […]

Rafael Ibarra Garza, ‘A prospective analysis of the proposed Belgian trust’

Abstract The Belgian Minister of Justice commissioned the reform of the Civil Code. An entirely new Book on the Belgian Law of Property was drafted. One of the most significant novelties proposed is the introduction of the fiducie (a civil law trust). It can be assumed that, if a jurisdiction introduces a new legal institution, […]

Mark Pawlowski, ‘Unconscionability in modern trust law’

Abstract This article seeks to examine the extent to which a unified concept of unconscionability can be used to rationalize related doctrines of equity, in particular, in the areas of: (i) imperfect transfers of property; (ii) proprietary estoppel; (iii) joint venture arrangements; (iv) secret trusts; (v) mutual wills; and (vi) knowing receipt liability. The conclusion […]

‘BOOK: Allan Greer, Property and Dispossession : Natives, Empires and Land in Early Modern North America (2018)’

“Earlier this year, Cambridge University Press published a book on the processes by which forms of land tenure emerged and natives were dispossessed from the sixteenth to the eighteenth centuries in New France (Canada), New Spain (Mexico), and New England. Allan Greer examines the processes by which forms of land tenure emerged and natives were […]

Forum on Tenant Fees and Holding Deposits, UCL Faculty of Laws, 30 August 2018, 5:45 pm to 8:30 pm

This free public forum will shed light on the legal and practical role of holding deposits in the residential tenancies market. It will also address the likely effects of the Tenant Fees Bill that is currently before Parliament. A panel of speakers coming from the legal, charities and academic sectors will address three key topics, […]

Kate Galloway, ‘The Influence of the Sexual Contract on the Law’s Distribution of Property in Intimate Relationships’

Abstract This is a video of a paper given at the Sexual Contract: 30 Years On conference held in the Law School, Cardiff University on 10-11 May 2018. This paper was part of Panel 1: The Marriage Contract, chaired by Kathryn McNeilly. The PowerPoint slides accompanying the paper are available as a separate file. Despite […]

Emily Stolzenberg, ‘The New Family Freedom’

Abstract In family law, ‘autonomy’ has traditionally meant freedom from state interference in one’s intimate life. This Article describes an emergent, libertarian vision of autonomy as property rights that also demands freedom from other family members. This conception, ‘choice about obligations’, holds redistribution of resources between intimates to be illegitimate unless the richer party ‘chose’ […]

Paul Babie, ‘Baseball, Friendship, Law and Property’

Abstract Law is about relationship – what law attempts is the mediation of relationships among citizens. It is not always perfect, as baseball, and as life itself, so is law messy. And nowhere is that messiness of life and relationship more apparent, and more important, than in the case of property, where an owner holds […]

Babie, Burdon and da Rimini, ‘The Idea of Property: An Introductory Empirical Assessment’

Abstract The idea of property refers to the social imaginary of property, the informal or everyday ideas that people hold when they use or interact with resources, things, or items of social wealth. This article advances scholarship in property theory by studying this idea which, we argue, constitutes a set of norms and practices and […]