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Conceptualising Property Law
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
Gifts
Over the past two thousand years, Western legal systems have had to alter some of their most basic principles in order to regulate the giving of gifts. This is a study of how legal concepts from the marketplace have been reshaped to accommodate a fundamentally different type of social practice. Richard Hyland examines the law of gifts in England, India, and the United States, and in Belgium, France, Germany, Italy, and Spain. Giftsalso surveys the extensive discussion about gift giving in anthropology, history, economics, philosophy, and sociology. In addition, Hyland offers a critique of the functionalist method in comparative law and demonstrates the benefits of an interpretive approach.
Abuse of Rights
The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It deals with the history of the notion of abuse of rights, in its two traditions: the Franco-Belgian (abus de droit) and the German (unzulässige Rechtsausübung). It also presents the discourse of abuse of rights with a 'shortcut' function. Finally, it places the scientific formulation of groups of cases as necessary for the proper use of the abuse of rights discourse. Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner ...
