UNDERSTANDING PROPERTY LAW

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Understanding Property Law

Author : W. T. Murphy
ISBN : 0421634901
Genre : Property
File Size : 75.63 MB
Format : PDF, Kindle
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This book explains how British property law works in today's ever-changing commercial climate, and examines the impact of new technology, new precedent and European rulings on legal interpretation.
Category: Property

Understanding Personal Property Securities Law

Author : Del Cseti
ISBN : 9781921701764
Genre : Chattel mortgages
File Size : 49.5 MB
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This is an essential reference on one of the most significant law reforms in Australian business and commercial law since Federation. This book will help you to understand and adopt this critical new law in your workplace.
Category: Chattel mortgages

Cases Materials And Text On Property Law

Author : Sjef van Erp
ISBN : 9781847319821
Genre : Law
File Size : 28.38 MB
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This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
Category: Law

Property Law And Social Morality

Author : Peter M. Gerhart
ISBN : 9781107006454
Genre : Law
File Size : 24.58 MB
Format : PDF
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Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.
Category: Law

The Unity Of The Common Law

Author : Alan Brudner
ISBN : 9780191002540
Genre : Law
File Size : 69.3 MB
Format : PDF
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In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.
Category: Law

Understanding Criminal Law

Author : Christopher M. V. Clarkson
ISBN : 0421900903
Genre : Criminal law
File Size : 72.33 MB
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This study seeks to present the key principles of criminal law in a comprehensive and readable style. Concentrating on the more theoretical issues, the main focus is on the general principles of criminal liability.
Category: Criminal law

Understanding Tort Law

Author : Carol Harlow
ISBN : 0421878401
Genre : Human rights
File Size : 33.58 MB
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This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.
Category: Human rights

Understanding Intellectual Property Law 2015

Author : Donald S. Chisum
ISBN : 9781632809643
Genre : Law
File Size : 61.4 MB
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Understanding Intellectual Property Law, Third Edition covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. After a comprehensive Introduction in Chapter 1, the general areas covered in the remaining chapters include: • Patents • Trade Secrets • Copyright • Trademarks, and • Other Intellectual Property Rights such as: • Design Protection • Plant Protection • Semiconductor Chip Protection • False Advertising • Misappropriation • Rights of Publicity • Idea Submission This new edition also includes: • Coverage of major Supreme Court cases in intellectual property from the past decade • Changes made in response to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) • Synthesis and reorganization of materials on patentable subject matter • Developments in trade secret law, including adoption of the Uniform Trade Secrets Act (UTSA) • Synthesis and reorganization of materials on copyrightable subject matter • New material on secondary liability, including Grokster, Global-Tech, and the safe harbors and notice-and-takedown provisions for online service providers • Coverage of the Digital Millennium Copyright Act, including anti-circumvention and copyright management information • New materials on Internet technology, including streaming, search engines, keyword advertising, domain names, and cybersquatting • Completely revised coverage of trademarks, including the Federal Trademark Dilution Act and the Trademark Dilution Revision Act The eBook versions of this title feature links to Lexis Advance for further legal research options.
Category: Law

Understanding Real Property Law

Author : K. Vigilanti-Northwood
ISBN : 0409340626
Genre :
File Size : 28.16 MB
Format : PDF
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Forthcoming Publication date: November, 2015 Understanding Real Property Law by Karena Viglianti-Northway is an introductory-level text, designed for students in disciplines such as construction, architecture, business or real estate who need to understand property law. Format: Paperback Once published, this title will also be available in eBook format [eISBN: 9780409340631]. This text provides a concise overview of the Australian property law system and illustrates how legal principles are applied in transactions. Engaging text and pedagogy are designed to aid student learning. Understanding Real Property Law covers all Australian jurisdictions and assumes no prior knowledge of law. Features oÂeo covers all Australian jurisdictions oÂeo no assumed knowledge of law oÂeo clear and direct writing style, broken down into concise sections Related LexisNexis Titles Cameron-Dow, Real Property Law at a Glance, 2015 Edgeworth, Quick Reference Card: Real Property Law, 2nd edition, 2015 Jackman & Werren, LexisNexis Study Guide: Property Law, 2nd edition, 2015 Newton & Cheung, LexisNexis Case Summaries: Real Property, 4th edition, 2015
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