New Perspectives on Property Law: Human Rights and the Family Home

ISBN-13: 9781859418437 / Angielski / Miękka / 2003 / 360 str.

Et Al Hudson

Opis

The essays in this collection consider the fundamental concepts of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. The contributors examine this phenomenon in three ways. First, in the interaction of land law, housing law and family law to the acquisition of rights in the home. Secondly, by considering how human rights norms will impact on the development of property and obligations law in the future. Thirdly, by reconsidering the historical development of many of these notions in English law. What emerges is an understanding that when the concepts of property and obligations are uprooted from their conceptual soil, they take on very different characteristics.

Spis treści

1: Property and Obligations in Relation to the Family Home; 1: Equity, Individualisation and Social Justice; 2: Family Law and Property Law; 3: Rights in the Family Home – Time for a Conceptual Revolution?; 4: Re-Thinking Rosset from a Human Rights Perspective; 5: A Leonine Partnership; 6: Land Law and the Creation of Disability; 7: The Valuation of Co-owners' Interests in Capital and Means-Tested Benefits; 8: Locating Group Homes and the Planning Law Process; 9: Housing an Individual; 10: Human Rights and Obligations of Confidentiality in the Private Sphere; 3: Historical and Contextual Perspectives on Private Property Rights; 11: State Intervention and Private Property Rights in Victorian England 1; 12: Missed or Misguided? Formality, Land Contracts and the Statute of Frauds; 13: Looking at Covenants Positively, for a Change 1; 14: How Poor Law Rights were Lost But Victorian Values Survived; 15: Property and Obligations; 16: Rapporteur's Overview

O autorze

Alastair Hudson