Category Archives: Property

Hofri-Winogradow and Kaplan, ‘Property Transfers to Caregivers: A Comparative Analysis’

Abstract Caregivers are key recipients of property transfers, both inter vivos and testamentary. The law’s treatment of property transfers to caregivers changes according to the caregiver’s relationship to the person cared for. Where caregivers are related to care recipients, the law generally favors the structuring of property transfers to caregivers as capital, rather than income […]

Martin Kelly, ‘Mixed-up Wills, Rectification and Interpretation: Marley v. Rawlings

Abstract In Marley v Rawlings, the UK Supreme Court had to decide who should inherit the estate of Alfred Rawlings – who had mistakenly signed his wife’s Will (instead of his own). In this article, I will examine the issues of interpretative methodology arising from this case. The Supreme Court resolved the dispute by exercising […]

Charles Beitz, ‘Property and Time’

Introduction Writing about the English law of real property, Pollock and Maitland observe that ‘proprietary rights in land are, we may say, projected upon the plane of time. The category of … duration, is applied to them’. They have in mind the variety of estates in land of the feudal period. But all legal property […]

Paul Babie, ‘Climate Change is Eco-Slavery: A Climate Future of Australian Property Law’

Abstract This article considers a simple question: why should the law of property change in the face of climate change? This question receives an equally simple answer: climate change is not only metaphorically slavery, it is slavery. We are not only changing the climate; rather, we are using the environment and the climate to enslave […]

Sarah Hamill, ‘Community, Property, and Human Rights: The Failure of Property-as-Respect’

Abstract The question of whether private property rights can be human rights is longstanding. In this article, I unpack Hanoch Dagan and Avihay Dorfman’s recent attempt to render private property rights as capable of being human rights. Their account of private property forms part of a larger project to re-read private law and argues that […]

Paul Babie, ‘Review Essay: Property, Predation, and Protection

Abstract What is property? It is neither what it may first appear nor what we are first told it might be. Let me explain. What property first appears to be is a means of allocating goods and resources. Typically, philosophers and other social and legal theorists begin by saying that property is a system whereby […]

Paul Babie, ‘Completing the Painting: Legislative Innovation and the “Australianness” of Australian Real Property Law’

Abstract This article considers legislative innovations in Australian real property law and the role played by legislators through exercises of Parliamentary sovereignty. The legislative role is equal to that of the judiciary in the creation and modification of new forms of property in relation to land. To demonstrate this thesis, the article examines: (i) the […]

Regulatory Issues in Real Property Law: Cambridge Centre for Property Law, 25-26 May 2018

The conference will bring together property law scholars and practitioners from around the world to discuss the most important contemporary issues facing the law of real property. Designed to bring together practitioners and academics, the conference seeks to promote purposeful discussion and build lasting relationships … (more)

Samuel Bray, ‘Remedies, Meet Economics; Economics, Meet Remedies’

Abstract: One would expect the fields of ‘law and economics’ and ‘remedies’ to have substantial interaction. But scholars in each field largely ignore those in the other. Thus law and economics scholars blunder in their description of the law of remedies, and remedies scholars are cut off from economic insights. For scholars who are in […]

Christopher Newman, ‘Using Things, Defining Property’

Abstract: Accounts of property tend to define it as a right to exclude and treat use-privileges as incidental by-products of that right. This paper sketches a different approach, one that treats recognition of use-privileges to things as prior and then asks what sorts of rights might be justified in their support. I attempt to defend […]