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Vol 23 No 5 May/June 2018

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General Principles of Property Law

ISBN13: 9780582423329
ISBN: 0582423325
Published: August 2002
Publisher: Pearson Education Ltd
Country of Publication: UK
Format: Paperback
Price: £59.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This innovative new book examines some of the fundamental principles of property law, starting with the premise that understanding the subject is a difficult challenge for many students. A number of factors contribute to its complexity; one important factor is the 'compartmentalisation' of the various branches of property law without recourse to an explanation of the basic ideas and principles of property.

The author argues that the law of property, and its various branches, can become a more accessible subject if students are exposed to the idea and nature of property and the very basic principles that govern property relationships.General Principles of Property Law begins with an examination of the legal idea of property, with the objective of getting the student to think about property as a right rather than a thing. The purpose is to aid the student in understanding the function of property as the governance or regulation of rights in things, rather than things themselves. At the initial stage of discussion, the student's mind is focused into thinking why the law should concern itself with protecting rights in things.

The book continues with an examination of how property lawyers classify property, in particular the distinction between real and personal property and legal and equitable property. As well as examining important concepts such as ownership, possession and title, the book examines the methods by which property rights are acquired. Other important themes in the book include:-

  • how the idea of property changes with time;
  • the pressures on property lawyers to adopt new categories of property rights;
  • the increasingly difficult distinction between proprietary and personal rights;
  • and fragmentation of ownership.

Property Law
Introduction 1. The Legal Concept of Property 2. Justificatory Theories for Private Property 3.Classification of Property 4. The Changing Nature of Property 5. Ownership and Possession 6. Title 7. Creation and Transfer of Proprietary Rights 8. Fragmentation of Ownership 9. Personal and Property Rights 10. Interference with Property Rights and Proprietary Remedies