Category Archives: Property

Enrico Rossi, ‘Reconsidering the Dual Nature of Property Rights: Personal Property and Capital in the Law and Economics of Property Rights’

ABSTRACT In the last two decades, a renewed interest in property rights have challenged the accepted interpretation of property rights as ‘bundle of rights’ over the use of things and have rehabilitated the old classical interpretation of property rights as exclusive (absolute) dominium over things rooted in the right to exclude. This paper provides a […]

Tamara Buckwold, ‘The Conceptual Structure of Commercial Law’

ABSTRACT This article argues that commercial law is not merely a collection of rules, but a doctrinally coherent and conceptually sophisticated body of law structured through conceptions of property. The analysis focuses specifically on the aspects of commercial law that govern recovery of debt. The argument advances two related themes; that commercial law is built […]

Thomas and Barber, ‘Contractual Interpretation, Registered Documents and Third Party Effects’

ABSTRACT This article considers whether extrinsic material should be available in interpreting registered documents when these may be contractual in nature or relate to contractual agreements. Many registers, for example the current scheme for recording land title, are intended to facilitate the reliance of third parties on their content, an objective that suggests that extrinsic […]

Edward McCaffery, ‘The Property-Tax Bundle of Rights’

ABSTRACT This Article introduces the concept of a property-tax bundle of rights. There i s no property without tax; tax inevitably affects property rights. America has settled into an absolute conception of the property-tax bundle, under which private individuals have absolute power over their property for all time after an initial payment of a flattened […]

Bram Akkermans, ‘Sustainable Property Law: Towards a Revaluation of Our System of Property Law’

ABSTRACT At the beginning of the previous century, one of the oldest colleges at the University of Oxford, New College Oxford, was confronted with a problem with the oak beams in the dining hall. Which needed to be replaced. The fellows of the college were posed with a problem on how to solve this when […]

Amnon Lehavi, ‘The Law of Trusts and Collective Action: A New Approach to Property Deadlocks’

ABSTRACT This Article identifies the key role that trust law can play in resolving collective action problems pertaining to assets with multiple stakeholders. Devising a multi-beneficiary trust may serve as an effective institutional alternative, when the direct governance of an asset by its co-owners reaches a deadlock, and the partition of the asset among them […]

K-Sue Park, ‘Conquest and Slavery as Foundational to the Property Law Course’

ABSTRACT This chapter addresses the foundational place of the histories of conquest and slavery to American property law and the property law course. It begins by briefly reviewing how these topics have been erased and marginalized from the study of American property law, as mentioned by casebooks in the field published from the late nineteenth […]

William Deller, ‘The transfer of land in medieval England from 1246 to 1430: the language of acquisition’

ABSTRACT Records of proof-of-age hearings from 1246 to 1430 which mention land transfer are analysed by techniques aimed at overcoming the legal conventionality of the texts and the widespread plagiarism of the records of previous hearings. References are examined decade by decade, initially in terms of the numbers of testimonies mentioning land and, most importantly, […]

Jakob Huber, ‘Property without authority? Between natural law and the Kantian state’

ABSTRACT In Territorial Sovereignty, Anna Stilz seeks to combine a Kant-inspired moral justification of the state with a natural law-inspired account of ‘foundational title’. The aim of my essay is to show that the contrasting ways in which these two frameworks conceptualize the relation between property (or rights over objects more generally) and authority lead […]

Lisa Austin, Review of Pierson v Post, The Hunt for the Fox: Law and Professionalization in American Legal Culture by Angela Fernandez

ANGELA FERNANDEZ, Pierson v Post, The Hunt for the Fox: Law and Professionalization in American Legal Culture (Cambridge, UK: Cambridge University Press, 2018). There are many different approaches to private law theory, but one family of approaches is distinguished by its commitment to take the law seriously as we find it. What this means is […]