Jan Jakob Bornheim analyses the hypothesis about the inherent efficiency of common law compared to civil law. He examines key commercial property law concepts (i.e., ownership and security interests in relation to movables) and determines the characteristics of each system with regard to these. Using the Canadian experience as a model, he then takes a close look at how the two legal systems interact, arguing that efficient interaction can take place on both vertical and horizontal planes.
On the vertical plane, property law would be able to interact with higher-level law (e.g., federal law in a federal state); on the horizontal plane, property laws of different jurisdictions could interact through the conflict of laws. The author also contends that equitable property rights, including constructive trusts as a response to unjust enrichment, should be governed by property law choice-of-law rules.
| ISBN: | 9783161591686 |
| Publication date: | 9th October 2020 |
| Author: | Jan Jakob Bornheim |
| Publisher: | Mohr Siebeck |
| Format: | Paperback |
| Pagination: | 591 pages |
| Series: | Studien Zum Auslandischen Und Internationalen Privatrecht |
| Genres: |
Methods, theory and philosophy of law Comparative law Private international law and conflict of laws Private or civil law: general Company, commercial and competition law: general Family law Financial law: general Property law: general Taxation and duties law Law of torts, damages and compensation Law: wills, probate, succession, inheritance |
Jan Jakob Bornheim analyses the hypothesis about the inherent efficiency of common law compared to civil law. He examines key commercial property law concepts (i.e., ownership and security interests in relation to movables) and determines the characteristics of each system with regard to these.
Property Rights and Bijuralism features in the following genres: Methods, theory and philosophy of law, Comparative law, Private international law and conflict of laws, Private or civil law: general, Company, commercial and competition law: general, Family law, Financial law: general, Property law: general, Taxation and duties law, Law of torts, damages and compensation, Law: wills, probate, succession, inheritance
Paperback. £89.01, down from the £98.90 cover price. Not Available.
Property Rights and Bijuralism was written by Jan Jakob Bornheim and published by Mohr Siebeck
Property Rights and Bijuralism has 591 pages
Yes it is part of Studien Zum Auslandischen Und Internationalen Privatrecht series
£89.01, reduced from £98.90. Not Available.