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Basic Principles of Property Law A Comparative Legal and Economic Introduction
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By Ugo Mattei
ISBN: 0-313-31186-2
ISBN-13: 978-0-313-31186-4
232 pages
Greenwood Press
Publication: 1/30/2000
List Price: $131.95 (UK Sterling Price: £75.00)
Availability:
Media Type: Hardcover
Trim Size: 6 1/8 x 9 1/4
Subjects:
Series Title: Contributions in Legal Studies
Series Number: 93
Reviews:
  • For an international perspective on property law, this volume provides a broad introduction to the literature. Mattei takes a comparative approach in examining the property-rights regime in Italy, France, Germany, the US. and UK, with the intent of producing a volume on property law to be "used as a teaching tool for former communist countries in transition." Thus, this work is in effect a hornbook for those wishing to understand the philosophical underpinnings of international comparative property law....Researchers interested in international property rights will find this volume particularly useful.
    —Choice
  • ...a fine reference tool of comparative property law for scholars in the East and the West alike....
    —Journal of International Law and Politics
Description: The first attempt to address comparative property law in a common integrative framework, this study discusses German, Italian, French, American, and British property law as mere variations based upon a few fundamental themes through which these nations developed legal systems to provide responses to common economic problems and to set legal foundations for working markets. Basic Principles of Property Law was produced to offer a common framework for the discussion of the law of property within countries in transition, thus it has its basis, not on just one legal system, but on the institutional commonalties that make western property law a working market institution. It offers a major challenge to conventional thinking that in property law the differences between common law and civil law are so important that "common core" research is impossible. Mattei hopes to guide the reader to think comparatively about property by shedding many preconceived formalistic abstractions. The substance of property law, he argues, is much more common throughout the Western legal tradition than legal scholars would have us believe. Through a set format and accessible writing, this book looks at national legal traditions as responses to common economic problems. It sets the foundations for further much needed integrative comparative legal research in the domain of property law.
Table of Contents:
  • Preface
  • History
  • Sources
  • Economic Analysis
  • The Object of Ownership
  • Transfer of Ownership
  • The Power to Use Ownership
  • Negative Aspects of Ownership: Limits and Liabilites
  • Remedies
  • Loss of Ownership
  • Index
LC Card Number: 99-31575
LCC Class: K720
Dewey Class: 346
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