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Comparative Property Law
Global Perspectives. Research Handbooks in Comparative Law series
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Synopsis
'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'
Mikhail Xifaras, Sciences Po Law School, France
Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.
Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China.
This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.
Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. Walsh New & Used
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What Reviewers Are Saying
PROPERTY LAW ACROSS THE GLOBE: COMPARATIVE STUDIES OF A WIDE VARIETY OF JURISDICTIONS WORLDWIDE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Property -- and the relevant laws which govern it -- has been a part of civil life for millennia. However, all too many studies published on the subject focus on specific localities in specific jurisdictions.
Fortunately for international lawyers concerned with the vagaries of global markets, this new handbook from Edward Elgar is a departure from the norm. As the title indicates, it offers comparative studies and therefore global perspectives on property law across a wide range of countries and jurisdictions worldwide.
Joint editors Michele Graziadei and Lionel Smith from, respectively, the Universities of Turin and McGill (Montreal), head a team of over two-dozen international contributors, all acknowledged experts in this field. ‘This volume,’ says Robert Erickson of Yale Law School…’cuts across disciplines and cultures’, adding in effect, that it provides a welcome antidote to traditional parochial approaches to this subject.
As the editors remark, ‘property in today’s world is a contested institution on many grounds.’ The book therefore contains a number of chapters which refer to, or address this and related problems. There is a chapter, for example, on the globalization of property and land grabbing, another on water rights, and another on community rights to forests in the tropics.
Interestingly, there are certain chapters which cover, as the editors explain, ‘communities living outside the formal boundaries of the law’ where property rights are governed instead by custom. The chapter on customary tenure in sub-Saharan Africa illustrates this point.
Another thought-provoking study here is the chapter on ‘Indigenous Territorial Rights in the Common Law’ which examines the interaction between the common law systems of Australia, Canada, New Zealand and the United States and what are sometimes known as the ‘aboriginal rights’ of their indigenous, or ‘First Nation’ populations.
It is reassuring that co-editor Michele Graziadei has included an examination of how the differences between civil law and common law jurisdictions complicate the study of comparative property law (as well they might) and suggests ways to approach such problems.
As one of the latest titles in Elgar’s ‘Research Handbooks in Comparative Law’ series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.
The publication date is cited as at 2017.
An appreciation
Property -- and the relevant laws which govern it -- has been a part of civil life for millennia. However, all too many studies published on the subject focus on specific localities in specific jurisdiction
Fortunately for internationa
Joint editors Michele Graziadei and Lionel Smith from, respectively
As the editors remark, ‘property in today’s world is a contested institution on many grounds.’ The book therefore contains a number of chapters which refer to, or address this and related problems. There is a chapter, for example, on the globalizatio
Interestingl
Another thought-prov
It is reassuring that co-editor Michele Graziadei has included an examination of how the differences between civil law and common law jurisdiction
As one of the latest titles in Elgar’s ‘Research Handbooks in Comparative Law’ series, this book presents the results of an enormous amount of up-to-date research in this increasingly
The publication date is cited as at 2017.
'As one of the latest titles in Elgar's Research Handbooks in Comparative Law series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.'
--The Barrister'This excellent and wide-ranging book offers the best and most comprehensive comparative analysis of property law I have seen in years. The book covers a myriad of fascinating topics. It contains contributions from first-rate property scholars from all over the world and despite its breadth, it makes for a delightful read. The chapters of the books contain a plethora of new insights into the law and practice of property in different countries. Any reader will learn a tremendous deal from the book. Its chapters offer a rich discussion of assets, doctrines, institutions and legal systems. It is difficult to imagine such wealth of legal resources and knowledge in any other single source. The book is highly recommended to all readers.' --Gideon Parchomovsky, University of Pennsylvania
'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism.' --Robert Ellickson, Yale Law School
--The Barrister'This excellent and wide-ranging
'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism