Category Archives: Property

Sherally Munshi, ‘Dispossession: An American Property Law Tradition’

ABSTRACT Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played […]

Rory Gregson, ‘Building Unexpectedly Accedes To Land’

“In School Facility Management Ltd v Christ the King College [2021] EWCA Civ 1053, Christ the King College was desperate to open a sixth form. The only problem was that the college could not afford a building to teach sixth-formers in. So instead of paying the full cost of a building up front, the college […]

‘Registrability and priority of an assignment of the proceeds of a future sale of land’

“In Winland Finance Limited v Gain Hero Finance Limited ([2021] HKCA 576) the Court of Appeal looked at the registrability of a loan agreement where the borrower assigned the right to the net proceeds of any future sale of real property to the lender by way of security. It also looked at the relative priorities […]

Ewa Kabza, ‘Three Different Legal Attitudes Towards Non-Marital Cohabitation in Europe’

ABSTRACT The rising number of people ‘just living together’, people who are neither married nor in registered partnerships, clearly demonstrates that non-marital unions can no longer be ignored. To obtain an accurate picture of the situation of non-marital partners it was essential to conduct comparative research of multiple legal orders. This analysis threw a new […]

Kamil Zaradkiewicz, ‘Three-Dimensional (3d) Property – Outline of the Concept of the Zoning in Polish Civil Law’

ABSTRACT The analysis concerns different legal institutions functioning in various legal systems under the name of ‘three-dimensional property’ (3D-Property). It also covers the existing proposals for the regulation of this institution, currently unknown to Polish civil law. Being an exception to the rule of superficies solo cedit, the so-called ‘strata ownership’ would require significant changes […]

Christopher Bradley, ‘Artworks as Business Entities: Sculpting Property Rights by Private Agreement’

ABSTRACT Modern business entities, such as LLCs, are increasingly created and deployed to accomplish customized transactions and evade legal restrictions. Rather than acting as traditional business enterprises, entities serve as tools to facilitate complex commercial transactions and surmount limitations presented by existing bodies of law. One limitation constrains the ways that private parties can agree […]

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2022: Abstracts’

“The latest issue of the Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) features the following articles …” (more) [Jan von Hein, Conflict of Laws .net, 4 January]

Malcolm Lavoie, ‘Property and Local Knowledge’

ABSTRACT Property rights play an important but largely under-appreciated role in channeling local knowledge into decisions about physical resources. Property devolves decision-making authority to a dispersed pool of owners, who are likely to be aware of local conditions relevant to their resources. As a result, property owners are often in a position to make better-informed […]

Michael Keramidas, ‘Real Property, Real Problems: Expanding Alaska’s Unfair Trade Practices and Consumer Protection Act’

ABSTRACT Alaska’s Unfair and Deceptive Acts and Practices (UDAP) statute was designed to provide broad, robust protections for everyday Alaskan consumers. Astonishingly, Alaska is one of only three states that does not protect Alaskans under its UDAP statute when they fall victim to fraudulent schemes involving real property. The Alaska Supreme Court has consistently upheld […]

John Witte, ‘“Foreword”, to Robert F Cochran, Jr, and Michael P Moreland, eds, Christianity and Private Law

ABSTRACT This brief text introduces a collection of innovative new chapters on the past, present, and potential influence of Christian ideas and institutions on the private law topics of contracts, torts, and property. Witte, John, ‘Foreword’, to Robert F Cochran, Jr, and Michael P Moreland, eds, Christianity and Private Law (2021) (London: Routledge, 2021), viii-x.