Category Archives: Property

‘Using an Interesting Conversation to Teach Testamentary Capacity’

Stephen R Alton, The Strange Case of Dr. Jekyll’s Will: A Tale of Testamentary Capacity, 52 Tulsa Law Review 263 (2017). The Strange Case of Dr Jekyll and Mr Hyde is a popular novella that was published by Robert Louis Stevenson in 1886. In the novella, Gabriel Utterson, a lawyer, investigates strange events involving Dr […]

‘NEW BOOK: Land Registration Law Reform in England and Wales’

“There’s a new book out by Hart Publishing and edited by Amy Goymour, Stephen Watterson, and Martin Dixon titled New Perspectives on Land Registration. Judging from the table of contents, the work looks like quite a fascinating read – particularly for those interested in the role that information and registration play in the allocation of […]

Andrew Tettenborn, ‘Transfer Of Chattels By Non-Owners: Still An Open Problem’

Abstract The current law relating to the unauthorised dispositions of chattels is an arbitrary and unpredictable mess that has grown up haphazardly and piecemeal. In this connection we need a default rule that is straightforward rational and logical. Such a rule should follow three principles. First there should be a background rule of entrustment, whereby […]

‘Greer’s Property and Dispossession

“Allan Greer, McGill University, has published Property and Dispossession: Natives, Empires and Land in Early Modern North America with the Cambridge University Press. Allan Greer examines 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 […]

‘ALPS and Other European Property Law Conferences this Summer’

“Get ready to pack your light summer jackets: the annual Association of Property, Law, and Society (ALPS) conference heads to Maastricht this summer! The 9th annual ALPS meeting at Maastricht University, The Netherlands on May 31-June 2, 2018. Average June temperature for Maastricht: 61 degrees Fahrenheit (16 degrees Celsius). Personally, this will be a welcome […]

‘Lovett On All Things Property’

“John Lovett (Loyola-NOLA) has recently posted a number of interesting pieces on SSRN. Check them out below: ‘Into Centuries of Centuries: Reflections on Marc R Poirier (1952-2015)’ (Journal of Law, Property, and Society): This essay reflects on the contributions to property law scholarship and teaching made by Marc R Poirier (1952-2015), Professor of Law at […]

Sarah Worthington, ‘The Commercial Triple Helix: Contract, Property and Unjust Enrichment’

Abstract This chapter revisits some of the enduring controversies affecting the interface between contract, property and unjust enrichment. Unless these controversies are settled satisfactorily, the framework for commercial law will be weak. Having trawled through the detail, four points are made to assist analysis in these areas: 1. Property questions must be answered before liability […]

Adam Hirsch, ‘Inheritance on the Fringes of Marriage’

Abstract This Article explores the inheritance rights of individuals situated at the fringes of marital relationships – fiancés, spouses who are in the process of divorcing, and permanently separated spouses. The Article examines whether these categories of individuals ought to enjoy rights to forced shares of an estate comparable to those that ordinary spouses can […]

Miloš Vukotić, ‘Influence of Objective Elements on the Interpretation of Wills’

Abstract The author of the paper discusses rules relating to will execution formalities, and rules relating to interpretation of wills in order to show the importance of legal policy and general legal values for interpretation of wills. Aharon Barak’s theory of purposive interpretation is a starting point for the discussion because this theory emphasizes the […]

Sarah Worthington, ‘Revolutions in Personal Property: Redrawing the Common Law’s Conceptual Map’

Abstract It is suggested here that the core of English property law is not concerned with ‘assets’, and which assets are classed as property and which are not. Nor is it concerned with which ‘interests’ are proprietary and which are not. Instead, it is exclusively about sharing of assets, and which shared or derivative interests […]