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Modern Studies in Property Law, Volume 11

Edited by: Sue Farran, Russell Hewitson, Adam Ramshaw

ISBN13: 9781509939275
Published: August 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £130.00
Paperback edition , ISBN13 9781509974344



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What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century?

This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments.

As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'.

This collection looks at 5 themes:

  • Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective
  • Taking and alienating property, including a chapter on bankruptcy and the family home
  • Modern dilemmas, including chapters on trusts in virtual currency and on smart homes
  • Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions, and
  • Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity

Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.

Subjects:
Property Law
Contents:
I. Comparative Perspectives
1.Is the Grass Always Greener? Understanding Grazing and Cropping Rights in Northern Ireland
Bróna McNeill (Queen's University Belfast, UK)
2. Caveat Venditor: Let the Vendor Beware
Christopher Pearce (University of New South Wales, Australia)
3. Anomalies of English Trust Law: A Comparative Study
Rafael Ibarra Garza (Universidad de Monterrey, Mexico)
4. Between Concepts and Policy: The Constructive Trust between Vendor and Purchaser in a Mixed Legal Tradition
Pablo Lerner (Zefat Academic College, Israel)
II. Taking and Alienating Property
5. Property, Equality, and the Freedom to Discriminate: The Case of the Discriminatory Gift
Jonas-Sébastien Beaudry (McGill University, Canada) and Aruna Nair (University of Oxford, UK)
6. Bankruptcy and the Family Home: The Case for Imputing Insolvency Irregularities and a Presumption of Creditor Interests
John Tribe (University of Liverpool, UK)
7. Justifying Security of Tenure: The Parameters of the Landlord and Tenant Relationship
Emma Lees (University of Cambridge, UK)
III. Modern Dilemmas
8. Trusts in Virtual Currency
Joshua Teng (Skrine, Malaysia)
9. Smart Homes
Sean Thomas (University of York, UK)
IV. Old Chestnuts: New Challenges
10. Mortgage Law Reform in Scotland: Fifty Years Apart
Andrew Steven (University of Edinburgh, UK)
11. Easements, the Ouster Principle and Coherence Across the Common Law World
Ben France-Hudson (University of Otago, New Zealand)
12. Mapping Bad Charity
John Picton (University of Liverpool, UK)
V. Wills, Death and Other Morbid Topics
13. A Validating Power for English Succession Law
Richard Hedlund (University of Lincoln, UK)
14. The Role of Knowledge and Approval in Retrospective Assessments of Capacity
Juliet Brook (University of Portsmouth, UK)

Series: Modern Studies in Property Law

Modern Studies in Property Law, Volume 12 ISBN 9781509972296
To be published February 2025
Hart Publishing
£59.99
Modern Studies in Property Law, Volume 11 ISBN 9781509974344
Published December 2023
Hart Publishing
£59.99
Modern Studies in Property Law, Volume 10 ISBN 9781509974238
Published December 2023
Hart Publishing
£54.99
Modern Studies in Property Law, Volume 12 ISBN 9781509963669
Published August 2023
Hart Publishing
£120.00
Modern Studies in Property Law, Volume 12 (eBook) ISBN 9781509963676
Published August 2023
Hart Publishing
£108.00
(ePub)
Buy
Modern Studies in Property Law, Volume 11 (eBook) ISBN 9781509939282
Published August 2021
Hart Publishing
£53.99
(ePub)
Buy
Modern Studies in Property Law - Volume 9 ISBN 9781509934737
Published November 2019
Hart Publishing
£44.99
Modern Studies in Property Law: Volume 10 ISBN 9781509921379
Published May 2019
Hart Publishing
£150.00
Modern Studies in Property Law: Volume 10 (eBook) ISBN 9781509921386
Published May 2019
Hart Publishing
£49.49
(ePub)
Buy
Modern Studies in Property Law: Volume 9 (eBook) ISBN 9781782257554
Published July 2017
Hart Publishing
£40.49
(ePub)
Buy
Modern Studies in Property Law: Volume 9 ISBN 9781782257547
Published July 2017
Hart Publishing
£120.00
Modern Studies in Property Law: Volume 8
Edited by: Warren Barr
ISBN 9781849466226
Published August 2015
Hart Publishing
£140.00
Modern Studies in Property Law: Volume 8 (eBook)
Edited by: Warren Barr
ISBN 9781509901845
Published August 2015
Hart Publishing
£126.00
(ePub)
Buy
Modern Studies in Property Law: Volume 7 (eBook) ISBN 9781782251811
Published July 2013
Hart Publishing
£126.00
(ePub)
Buy
Modern Studies in Property Law: Volume 7 ISBN 9781849463218
Published July 2013
Hart Publishing
£140.00
Modern Studies in Property Law: Volume 6
Edited by: Susan Bright
ISBN 9781849461856
Published May 2011
Hart Publishing
£160.00
Modern Studies in Property Law: Volume 5 ISBN 9781841139609
Published November 2009
Hart Publishing
£160.00
Modern Studies in Property Law: Volume 4 ISBN 9781841136288
Published May 2007
Hart Publishing
£100.00
Modern Studies in Property Law: Volume 3 ISBN 9781841135588
Published June 2005
Hart Publishing
£140.00
Modern Studies in Property Law: Volume 2 ISBN 9781841131733
Published May 2003
Hart Publishing
POA
Modern Studies in Property Law: Volume 1 ISBN 9781841131252
Published March 2001
Hart Publishing
£120.00