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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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New Perspectives on Property Law: Human Rights and the Family Home

ISBN13: 9781859418437
ISBN: 1859418430
Published: November 2003
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Paperback
Price: £43.99

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The essays in this collection consider the fundamental concepts 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.

The contributors examine this phenomenon in three ways. First, in the interaction of land law, housing law and family law to the acquisition of rights in the home. Secondly, by considering how human rights norms will impact on the development of property and obligations law in the future. Thirdly, by reconsidering the historical development of many of these notions in English law.

What emerges is an understanding that when the concepts of property and obligations are uprooted from their conceptual soil, they take on very different characteristics.

This collection of essays is a sister publication to New Perspectives on Property Law, Obligations and Restitution. 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.

Property Law
Property and Obligations in Relation to the Home:
Equity, individualisation and social justice
How family law and property law allocate rights in the family home
Human rights and rights in the home
Marriage, undue influence and the matrimonial home.
Communities, Human Rights and the Built Environment:
Land law and disability rights
Co-owners' interests in property and social security law
Planning law and group homes
Property law problems in housing an individual
Human rights and confidentiality.
Historical and Contextual Perspectives on Private Property Rights:
State intervention and private property rights in Victorian England
Formality, land contracts and the Statute of Frauds
Positive covenants in freehold land
Poor Law rights and property
Comparative perspectives on property law and obligations
Differentiation in property law.