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Vol 21 No 10 Oct/Nov 2016

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New Perspectives on Property Law: Obligations and Restitution

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ISBN13: 9781859418420
ISBN: 1859418422
Published: November 2003
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Paperback
Price: £41.99



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The essays in this collection examine the conceptual notions of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts.;In particular this collection focuses on the ways in which those concepts are applied to commercial law, land law, human rights law, intellectual property law, the law of restitution, company law and legal theory. This is a challenging and progressive collection of essays which cohere into an extensive examination of private law.

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Subjects:
Property Law
Contents:
The Nature of the Law of Property and its Relationship with the Law of Obligations:; The unbearable lightness of property; The ethics of private property; The relationship between property law and tort law; The relationship between property law and contract law; The Land Registration Act 2002 and the nature of ownership; The reform of property law and the Land Registration Act 2002; Foundational Questions in the Doctrine of Restitution of Unjust Enrichment:; The taxonomic approach to restitution; The theory of unjust enrichment; Property and unjust enrichment: a misunderstood relationship; Vindicating vindication: Foskett v McKeown reviewed; The problem of restitution of property you do not own; Accumulation and three party cases.; Property and Obligations in Commercial Transactions:; The redundancy of the concept of bailment; Private and social perspectives on intellectual property law; Simplifying copyright law; Property rights, international trade and human rights law; Company law: property, power and responsibility; Mutuals and co-operatives; This collection of essays is a sister publication to New Perspectives on Property Law, Human Rights and the Home. Both publications are derived from the papers originally delivered at the WG Hart Workshops at the Institute of Advanced Legal Studies, University of London, in July 2002. All of the papers have been expanded and updated since the workshops..