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Guest on the Law of Assignment
  • Language: en
  • Pages: 449

Guest on the Law of Assignment

  • Categories: Law

Explains the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action.

Community Wealth Building and the Reconstruction of American Democracy
  • Language: en
  • Pages: 297

Community Wealth Building and the Reconstruction of American Democracy

How can we create and sustain an America that never was, but should be? How can we build a robust multiracial democracy in which everyone is valued and everyone possesses political, economic and social capital? How can democracy become a meaningful way of life, for all citizens? By critically probing these questions, the editors of Community Wealth Building and the Reconstruction of American Democracy seize the opportunity to bridge the gap between our democratic aspirations and our current reality.

Pollution and Property
  • Language: en
  • Pages: 234

Pollution and Property

  • Categories: Law

Environmental protection and resource conservation depend on the imposition of property rights (broadly defined) because in the absence of some property system - private, common, or public - resource degradation and depletion are inevitable. But there is no universal, first-best property regime for environmental protection in this second-best world. Using case studies and examples taken from countries around the world, this 2002 book demonstrates that the choice of ownership institution is contingent upon institutional, technological, and ecological circumstances that determine the differential costs of instituting, implementing, and maintaining alternative regimes. Consequently, environmental protection is likely to be more effective and more efficient in a society that relies on multiple (and often mixed) property regimes. The book concludes with an assessment of the important contemporary issue of 'takings', which arise when different property regimes collide.

Business Persons
  • Language: en
  • Pages: 327

Business Persons

Business firms are ubiquitous in modern society, but an appreciation of how they are formed and for what purposes requires an understanding of their legal foundations. This book provides a scholarly and yet accessible introduction to the legal framework of modern business enterprises. It explains how the legal ideas allow for the construction and recognition of business firms as persons having rights and responsibilities. It also shows how law sets the boundariesof firms. Specific applications include contributions to debates about executive compensation and political free-speech rights of corporations. Anyone who wishes to have a deeper understanding of thenature of business firms and their role in modern society will benefit from reading this book.

Foundations of Property Law
  • Language: en
  • Pages: 481

Foundations of Property Law

  • Categories: Law

Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a r...

Acquisition and Loss of Ownership of Goods
  • Language: en
  • Pages: 1729

Acquisition and Loss of Ownership of Goods

  • Categories: Law

This volume contains the major result of the work undertaken by the international research group "Transfer of Movables" which belonged to the Study Group on a European Civil Code. It covers the most important aspects of the law of property in movables, such as the transfer of ownership based on the transferor's right and the good faith acquisition of ownership. The suggested black letter provisions are accompanied by extensive explanatory comments and comparative notes providing information on the existing rules of the EU Member States. As compared to Book VIII of the DCFR, this volume contains additional and partly revised national notes, extended comments, translations of the black letter rules and adapted registers. The "Principles of European Law" are published in co-operation with Oxford University Press and Staempfli (Switzerland).

In the Shadow of Justice
  • Language: en
  • Pages: 427

In the Shadow of Justice

"In the Shadow of Justice tells the story of how liberal political philosophy was transformed in the second half of the twentieth century under the influence of John Rawls. In this first-ever history of contemporary liberal theory, Katrina Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain. In the aftermath of the civil rights movement and the Vietnam War, Rawls's A Theory of Justice made a particular kind of liberalism essential to political philosophy. Using archival sources, Forrester explores the ascent a...

Constructing Intellectual Property
  • Language: en
  • Pages: 435

Constructing Intellectual Property

  • Categories: Law

This book examines the way in which this important area of law is constructed by the legal system.

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe
  • Language: en
  • Pages: 325

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

  • Categories: Law
  • Type: Book
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  • Published: 2017-01-03
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  • Publisher: Springer

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.

Force Majeure and Hardship Under General Contract Principles
  • Language: en
  • Pages: 626

Force Majeure and Hardship Under General Contract Principles

  • Categories: Law

Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses princi...