Category Archives: Property
Darryn Jensen, ‘Hume’s Conventionalist Account of Property and the History of English Land Law’
ABSTRACT The central theoretical assumption of English land law (and land law in related legal systems) that all rights in land are derivative of the Crown’s rights does not provide a full account of the origins of rights in land. ‘Liberal’ theories of the origin of property rights, which see property rights as something that […]
Alban Guyomarc’h, ‘Property on space resources: The search for a terminology’
ABSTRACT By the end of one or two decades, several competing lunar bases will be installed or in the process of being installed, most probably located around the Moon’s South Pole and its water resources. By the end of three decades, companies will probably be extracting resources from the moon with a commercial and lucrative […]
Christian Armbrüster, ‘Stemming Illegal Trade of Cultural Property – How Can Private Law Contribute?’
ABSTRACT This contribution explores how private law may contribute to the protection of cultural property against illegal trade. First, the impact of private international law is examined, as the national rules that govern the applicable rules on loss and acquisition of ownership differ considerably. This chapter argues that the law of the country from which […]
‘Case Law Update: Savage v Savage [2024] EWCA Civ 49′
In Savage v Savage [2024] EWCA Civ 49 (‘Savage’), the Court of Appeal reached a much required decision on the statutory interpretation of Section 15 of the Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA 1996’) and held that, when considering an application under Section 14 TOLATA 1996 and a dispute between beneficiaries […]
‘Priors, Promises and the Proper Observation of Old Books’
As a Land Law teacher with a research interest in medieval legal history, I am always interested to see the two parts of my academic world coming together. Sometimes this can be frustrating, when lawyers, judges or others misrepresent the law of the past, or throw around ‘medieval’ and ‘feudal’ in an inaccurate fashion (see […]
Bram Akkermans, ‘In Search for Sustainable Property Relations’
ABSTRACT As we move into the twenties of the new millennium there is ample evidence that we are in a climate crisis. Although this is not the first crisis of this century it is certainly more prevailing. In terms of eco-sustainability the world is dealing with an increase in global temperatures and a loss of […]
Liam Cronan, ‘Of Property and Pilgrims: The Myth of Communal Property and the Realities of Corporate Charters and Land Tenures in Plymouth Colony’
ABSTRACT Each Thanksgiving, journalists discuss and debate the ‘communal’ ownership of land that allegedly existed in Plymouth Colony in the 1620s and its transition to ‘private’ property, supposedly providing an early glimpse of socialism versus capitalism in America. Recent law review articles have uncritically accepted this view. This article, by contrast, seeks to challenge this […]
Marietta Auer, ‘Modern Property’
ABSTRACT In the present analysis, I argue that modern property discourses mirror the aporetic normative structure of the modern legal consciousness. I distinguish between the ‘first modernity’ and the ‘second modernity’, and argue that both are a necessary part of modern property theory. The first modernity describes the affirmative strand of Enlightenment modernity, emphasising the […]
Crescente Molina, ‘The Authority in Property’
ABSTRACT Having personal authority over someone and having a property right over an object involve having a form of control over them. However, the distinctive form of control that both personal authority and property involve is not a physical one. True, property and some forms of personal authority will in many cases be accompanied by […]
‘Reorienting American Real Property to its Egalitarian Goals’
Jessica A Shoemaker, ‘Re-Placing Property’, 94 University of Chicago Law Review (forthcoming, 2024), available at SSRN (31 August 2023). In ‘Re-Placing Property’, Jessica A Shoemaker demonstrates the extent to which our legal rules about property have allowed real property ownership to become, in many cases, paradoxically completely divorced from place attachment. Drawing from disciplines such […]