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Property Rights and Bijuralism

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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 interest...
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  • 09 October 2020
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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.
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Price: £98.90
Pages: 591
Publisher: Mohr Siebeck
Imprint: Mohr Siebeck
Series: Studien zum auslandischen und internationalen Privatrecht
Publication Date: 09 October 2020
ISBN: 9783161591686
Format: Paperback
BISACs:

LAW / General, 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

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