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Comparative Property Law

Global Perspectives Edited by Michele Graziadei, Professor of Comparative Law, University of Torino and Fellow, Collegio Carlo Alberto, Italy and Lionel Smith, Sir William C. Macdonald Professor, Faculty of Law, McGill University, Canada
Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Extent: 520 pp
Hardback Price: $290.00 Web: $261.00
Publication Date: 2017
ISBN: 978 1 84844 757 8
Availability: In Stock
Paperback Price: $65.00 Web: $52.00
Publication Date: 2018
ISBN: 978 1 78643 437 1
Availability: In Stock
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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.
‘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, US

‘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, US

‘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

‘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


Contributors: 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, F. Valguarnera, A. van der Walt, L. van Vliet, R. Walsh

Contents:

Introduction
Michele Graziadei and Lionel Smith

PART I PERSPECTIVES FROM OTHER DISCIPLINES
1. Property in Prehistory
Timothy Earle

2. The Anthropology of Property
Bertram Turner

PART II THE PRIVATE PROPERTY MODEL AND ITS GRAMMAR
3. Objects of Property Rights: Old and New
Sabrina Praduroux

4. The Structure of Property Ownership and the Common Law/Civil Law Divide
Michele Graziadei

5. The Numerus Clausus of Property Rights
Bram Akkermans

6. The State of the Art of Comparative Research in the Area of Trusts
Alexandra Braun

7. Transfer of Property Inter Vivos
Lars van Vliet

8 Possession
Yaëll Emerich

PART III CONTESTED GLOBAL DIMENSIONS OF PROPERTY LAW
9. Comparative Constitutional Property Law
André van der Walt and Rachael Walsh

10. Systems of Public Ownership
Giorgio Resta

11. Access to Nature
Filippo Valguarnera

12. Water Rights
David B. Schorr

13. Land Law in the Age of Globalization and Land Grabbing
Amnon Lehavi

14. China’s Changing Property Law Landscape
Shitong Qiao and Frank K. Upham

15. Formalizing Property in Latin America
Jorge L. Esquirol

16. Property and the Religious Sphere
Roberta Aluffi and Domenico Francavilla

17. Cultural Property in International Law
Francesco Francioni

18. The Land Rights of Indigenous Peoples Under International Law
Federico Lenzerini

19. Indigenous Territorial Rights in the Common Law
Kent McNeil

20. Community Rights to Forests in the Tropics
Anne M. Larson, Iliana Monterroso, Mani Ram Banjade, Esther Mwangi

21. Customary Tenure: Remaking Property for the 21st Century
Liz Alden Wily

Index