Category Archives: Property

Filippo Noseda, ‘The new Swiss trust: Is it a trust? Practical considerations’

ABSTRACT In a world awash with academic articles on the compatibility of trusts with civil law systems, the author considers some practical implications of the terminology used by the Swiss legislator in its draft Bill on new trust provisions to be inserted in the Swiss Code of Obligations. € Filippo Noseda, The new Swiss trust: […]

Estair Van Wagner, ‘The Legal Relations of “Private” Forests: Making and unmaking private forest lands on Vancouver Island’

ABSTRACT While the vast majority of forestlands in Canada are considered ‘Crown land’, there are key areas of private forestland. On private land the incidents of fee simple ownership mean the owner emerges as land use decision maker – the “agenda setter” for the land. Yet a richer set of legal relations exists in these […]

Laura Underkuffler, ‘Do Property Owners Owe Duties to Others? It’s a Simple Matter of Tort’

“… In choosing a piece of his work for this essay, I was inexorably drawn to one of his books, which is – to my mind – one of the crowning achievements of his academic life. Over the last decade, he sought to examine the role of moral theory in the foundational areas of private […]

Dave Fagundes, ‘Peter Gerhart and Contemporary Property Theory’

“… This Essay proceeds in three parts. First, I quickly summarize the dyad that characterizes most contemporary property scholarship, one side inflected by law and economics, the other by what has become known as progressive property. Second, I examine how Peter’s views expressed in Property Law and Social Morality fit into this dyad and show, […]

Mark Gergen, ‘Gerhart and Private Law’s Melody of Reasonableness’

“… This paper will argue Gerhart largely achieves the goals he set out for himself when he began this project over a decade ago, and that in doing so he captures a melody of reasonableness that runs through much of private law. Gerhart’s goal was to provide a unified account of ‘how we think about’ […]

Carol Rose, ‘Property Law and Inequality: Lessons from Racially Restrictive Covenants’

ABSTRACT A longstanding justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but indirectly wealth in an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted wealth distribution in contemporary America. This […]

Greg Taylor, ‘Cancel that Hamburger (the Torrens System was not German)’

ABSTRACT The view that the Torrens system was merely an adaptation of Hamburg’s mid-nineteenth-century system of lands titles registration has lost ground rapidly over the last few years and appears to have been silently abandoned, or at least heavily qualified, even by its former proponents. Now the author has discovered a letter from the supposed […]

Carol Rose, ‘Foreword: Property From the Outside In’

ABSTRACT This foreword to the new Routledge Handbook of Property, Law, and Society (edited by Nicole Graham, Margaret Davies, and Lee Godden Margaret Davies, 2022) argues for the ‘outside in’ perspective on property claims. That is, it highlights the role of non-owners within property communities, who must respect the claims of others for a property […]

John Young, ‘Property and a Sense of Belonging within a Legal System: European and Indigenous Australian Spheres Compared’

ABSTRACT This article investigates and discusses the thesis that ‘a sense or awareness of belonging within a legal system derives from a person’s relationship to property’. The European people and Indigenous Australian people spheres are compared. For both spheres, ‘a sense of belonging’, ‘a legal system’ and ‘property’ are defined, and the questions ‘does property […]

Leon Vincent Chan, ‘Trends in the Division of Matrimonial Property Based on Contribution: An Empirical Case Study Based on the Structured Approach in Singapore’

ABSTRACT Different jurisdictions have adopted different approaches to the division of matrimonial properties. While some have greater certainty and predictability from a rules-based approach that adopts equal division as a starting point, others have adopted a discretionary approach with little to no guidance from the legislation. Using statistical methods, this empirical quantitative study seeks to […]