Stability and Change in Modern Property Law A Comparative Approach to the Principle of Numerus Clausus
Produktdetaljer
Biografisk notat
Ernesto Vargas Weil is Spencer-Fairest Teaching Fellow in Law (College Assistant Professor) at Selwyn College, Cambridge, UK.This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights.
It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of ‘functional transformation’ of the existing property rights.
This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.
Introduction: The Spell of Property
1. Legal Change in Property Law
2. The Concept of a Property Right
3. The Numerus Clausus Principle
4. The Governance of Property Rights
5. Function and Justification of the Numerus Clausus
6. Numerus Clausus and Trespassory Liability
7. Numerus Clausus and Successor Liability
8. Form and Substance of the Numerus Clausus
9. The Future of the Numerus Clausus
Exploring the normative and theoretical foundations of private law.
This series of books, edited by a distinguished international team of legal scholars, aims to investigate the normative and theoretical foundations of the law governing relations between citizens. The context for such investigations of private law systems is set by important modern tendencies in systems of governance. The advent of the regulatory state marks the withdrawal of the state from direct control and management of social and economic activity, and the adoption instead of procedural regulation and co-regulatory strategies that promote the use of private law techniques of ordering and self-regulation in social and economic interactions between citizens. The tendency known as globalisation and the corresponding increases in cross-border trade produce the responses of transnational regulation of commerce and private governance regimes, and these new systems of governance challenge the hegemony of traditional national private law systems. Furthermore, these tendencies towards transnational governance regimes compel an interaction between different national legal traditions, with their differences in culture and philosophy as well as their differences based upon variations in market systems, which provokes questions not only about competing policy frameworks but also about nature and adequacy of different kinds of legal reasoning itself.
The series welcomes a diverse range of theoretical approaches in the examination of these issues including approaches using socio-legal methods, economics, critical theory, systems theory, regulation theory, and moral and political theory. With the aim of stimulating an international discussion of these issues, volumes will be published in Germany, France, and the United Kingdom in one of the three languages.