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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe in Search of a Theory


ISBN13: 9783319485287
Published: January 2017
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £119.99



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This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of 'restitution' in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates 'privatisation' in a theory of post-communist transformation of property.

Subjects:
Restitution
Contents:
1. Acknowledgements
2. Abstract
3. Table Of Cases
4. Table Of Legislation
5. Introduction
6. Post-Communist Property Transformations And Transitional Justice. Some Historical, Legal And Philosophical Issues
7. Justice, Property And Law In Post-Communist Transformations
8. Property In The Communist And Post-Communist Eras
9. The Post-Communist Restitution Concept And Its Challenges
10. Restitution As Correction For "Historical Injustice
11. "Restitution In Action" In Post-Communist Central Eastern Europe. The Cases Of Romania And Poland
12. Conclusions
13. Selective Bibliography.