Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Chitty on Contracts 34th ed: Volumes 1 & 2

Chitty on Contracts 34th ed: Volumes 1 & 2

Edited by: Hugh Beale
Price: £595.00

Law Society's Conveyancing Handbook

Read more...


Welcome to Wildys

Watch


Wildy, Simmonds & Hill

New Edition
Small Claims Procedure in the County Court: A Practical Guide
Includes guide to Road Traffic Act Small Claims Protocol


The Complete List...


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Property and Contract: Comparative Reflections on English Law and Spanish Law

Edited by: John Cartwright, Ángel M. López y López

ISBN13: 9781509929337
Published: November 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



Despatched in 6 to 8 days.

This book explores the comparative issues in the relationship between property law and contract law in English and Spanish law. It also draws on other jurisdictions. Little is written on this (in either English or Spanish), meaning it gives English private lawyers exposure to material previously not easily accessible. It goes further, however, than simply setting out similarities/differences: it provides an insightful analysis of both systems key points of interest.

Subjects:
Contract Law, Property Law, European Jurisdictions, Spain
Contents:
1. Introduction
John Cartwright, University of Oxford, UK and Ángel M López y López, University of Seville, Spain
I. General Scope and Purpose of the Book
II. Institutions and Terminology of the Spanish Law of Property
2. Contract and the Transfer of Ownership in Spanish and Latin American Law: An Overview
Ángel M López y López, University of Seville, Spain
I. Limited Scope of the Discussion
II. The Roman-Canon Law Tradition
III. The Break from the Traditional Mechanism of Transfer Made by the French Civil Code
IV. The System of 'Titulus et Modus' for the Transfer of Ownership in Spain, in Austria and widely in Latin America
V. Features of the Modern Spanish System
VI. Traditio of Movables and the Rule 'Possession is Equivalent to Title'
VII. Traditio of Immovables and Registration in the Public Register
3. The Dual Role of the Escritura Pública in the Sale of Immovable Property
Manuel Espejo Lerdo de Tejada, University of Seville, Spain
I. Introduction
II. Delivery as an Obligation of the Vendor and Delivery as Traditio
III. Some Special Features of the Transfer of Ownership by Escritura Pública
4. A Non Domino Acquisitions and Protection of Third-Party Purchasers of Immovable Property in the Spanish Legal System
Juan Pablo Murga Fernández, University of Seville, Spain
I. Introduction
II. The Principle and Requirements of Conclusive Title through Registration
III. The Fundamental Effect of Conclusive Title: Curing the Transferor's Lack of Power of Disposition and Establishing a True A Non Domino Acquisition
5. Contract and Conveyance: The Further Repercussions of Different Transfer Systems
Birke Häcker, University of Oxford, UK
I. Introduction, or: On the Importance of Understanding Rules in Context
II. Outline of the Different Property Transfer Regimes
III. The Passing of Risk
IV. The Nature of the Buyer's Claim against the Seller
V. Security Mechanisms and Protection against Insolvency
VI. The Effects of Rescission of Contract
VII. The Size and Structure of the Law of Unjust(ified) Enrichment
VIII. The Rules on Bona Fide Purchase
IX. Conclusion
6. The Creation and Transfer of Property Rights by Contract in English Law
John Cartwright, University of Oxford, UK
I. Introduction. Contract and Property: Independence and Interdependence
II. Contracts to Transfer Rights in Land: The Creation of Property Rights in Equity
III. Passing the (Legal) Property in Movables by Contract
IV. Conclusions
7. The Transfer of Ownership of Goods in the Draft Common Frame of Reference
Francisco Oliva Blázquez, University Pablo de Olavide, Seville, Spain
I. Introduction
II. The Proposal for Harmonising the Transfer of Ownership of Goods: The Work of the Study Group on a European Civil Code
III. The Basic Structure of Article VIII–2:101 DCFR
IV. Autonomy of Will and Transfer of Ownership
V. The Principle of Delivery and the Greater Protection of the Interests of All the Parties Involved (Creditors)
VI. Abstract Transfer versus Causal Transfer
VII. Conclusion
8. The Assignment of Contract: Some Comparative Reflections on French and English Law
Agnès Kwiatkowski, University of Lille, France
I. Introduction. The Assignment of Contract: An Intriguing Recognition
II. Opposing Visions of the Mechanism of Assignment
III. A Mechanism Revealing the Proprietary Character of the Contract
IV. Conclusion
9. Mistakes in Wills
Simon Douglas, University of Oxford, UK
I. Introduction
II. Mistakes
III. Remedies
IV. Conclusion
10. Private Property and Forced Expropriation: Current Challenges in Spanish Law
Encarnación Montoya Martín, University of Seville, Spain
I. Introduction
II. Private Property in the Spanish Constitution of 1978
III. Forced Expropriation
IV. Weak Points or Aspects Most in Need of Reform in the LEF
V. The United Kingdom before the European Court of Human Rights on the Basis of Expropriation

Series: Studies of the Oxford Institute of European and Comparative Law

New Economic Constitutionalism in Europe ISBN 9781509952113
Published May 2021
Hart Publishing
£41.99
Discretion in EU Public Procurement Law ISBN 9781509946136
Published December 2020
Hart Publishing
£39.99
The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms ISBN 9781509936557
Published February 2020
Hart Publishing
£45.00
General Principles of Law: European and Comparative Perspectives ISBN 9781509933099
Published October 2019
Hart Publishing
£40.00
New Economic Constitutionalism in Europe ISBN 9781509909629
Published October 2019
Hart Publishing
£85.00
New Economic Constitutionalism in Europe (eBook) ISBN 9781509909650
Published October 2019
Hart Publishing
£37.79
(ePub)
Buy
Discretion in EU Public Procurement Law (eBook) ISBN 9781509919499
Published May 2019
Hart Publishing
£35.99
(ePub)
Buy
Discretion in EU Public Procurement Law ISBN 9781509919482
Published May 2019
Hart Publishing
£80.00
£40.50
(ePub)
Buy
The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms ISBN 9781509911608
Published October 2017
Hart Publishing
£95.00
General Principles of Law: European and Comparative Perspectives (eBook) ISBN 9781509910700
Published June 2017
Hart Publishing
£36.00
(ePub)
Buy
General Principles of Law: European and Comparative Perspectives ISBN 9781509910717
Published June 2017
Hart Publishing
£85.00
The Unitary EU Patent System ISBN 9781509914173
Published June 2017
Hart Publishing
£26.99
£76.50
(ePub)
Buy
Passing Wealth on Death: Will-Substitutes in Comparative Perspective ISBN 9781849466981
Published May 2016
Hart Publishing
£85.00
£34.99
The Unitary EU Patent System ISBN 9781849466196
Published January 2015
Hart Publishing
£65.00
The Unitary EU Patent System (eBook) ISBN 9781849469401
Published January 2015
Hart Publishing
£24.29
(ePub)
Buy
£31.49
(ePub)
Buy
£75.00
The Involvement of EU Law in Private Law Relationships ISBN 9781849463300
Published March 2013
Hart Publishing
£95.00
The Involvement of EU Law in Private Law Relationships (eBook) ISBN 9781782251057
Published March 2013
Hart Publishing
£85.50
(ePub)
Buy
Protection of Fundamental Rights in the EU After Lisbon ISBN 9781849464437
Published January 2013
Hart Publishing
£65.00
Protection of Fundamental Rights in the EU After Lisbon (eBook) ISBN 9781782250593
Published January 2013
Hart Publishing
£58.50
(ePub)
Buy
Constitutional Pluralism in the European Union and Beyond ISBN 9781849461252
Published February 2012
Hart Publishing
£110.00
Constitutional Pluralism in the European Union and Beyond (eBook) ISBN 9781847318923
Published February 2012
Hart Publishing
£99.00
(ePub)
Buy
Prohibition of Abuse of Law: A New General Principle of EU Law ISBN 9781841139388
Published June 2011
Hart Publishing
£120.00
£108.00
(ePub)
Buy
Article 82 EC: Reflections on Its Recent Evolution
Edited by: Ariel Ezrachi
ISBN 9781841132501
Published October 2009
Hart Publishing
£80.00
Reforming the French Law of Obligations ISBN 9781841138053
Published April 2009
Hart Publishing
£160.00
£144.00
(ePub)
Buy
Performance-Oriented Remedies in European Sale of Goods Law ISBN 9781841138930
Published January 2009
Hart Publishing
£80.00
Forum Shopping in the European Judicial Area ISBN 9781841137834
Published December 2007
Hart Publishing
£80.00
Better Regulation ISBN 9781841137155
Published June 2007
Hart Publishing
£80.00
Constitutionalism and the Role of Parliaments ISBN 9781841136431
Published June 2007
Hart Publishing
£70.00
Human Rights and Private Law: Privacy as Autonomy ISBN 9781841137148
Published April 2007
Hart Publishing
£60.00
Human Rights and Private Law: Privacy as Autonomy (eBook) ISBN 9781847317025
Published April 2007
Hart Publishing
£54.00
(ePub)
Buy
The Public Law/Private Law Divide: Une entente assez cordiale? ISBN 9781841136356
Published March 2006
Hart Publishing
£65.00