1. Introduction

2020 ◽  
pp. 1-28
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright
Keyword(s):  
Contract Law ◽  
Property Law ◽  
Unjust Enrichment ◽  
Different Types ◽  
English Law ◽  
The Law ◽  
Contractual Obligations ◽  
And Function

This introductory chapter first considers the nature and function of contract. It then discusses the contractual obligations in English law; the content of the contract law as set out in this book, which is concerned with the ‘general principles’ of contract rather than the detailed rules applicable to different types of contracts; the location of contract as part of the law of obligations and its relation to other parts of the law of obligations, tort and restitution of an unjust enrichment, and property law.

1. Introduction

2020 ◽  
pp. 1-2
Author(s):  
Robert Abbey ◽  
Mark Richards
Keyword(s):  
Contract Law ◽  
Property Law ◽  
Land Law ◽  
Property Ownership

Property Law and Practice (PLP) covers all aspects of the process that is otherwise called conveyancing. It is how practitioners arrange the transmission of property ownership from seller to buyer. This introductory chapter provides an overview of PLP. Specifically, it explains the three foundations upon which PLP rests: land law, contract law, and trusts.

Early Modern Sovereignty and Its Limits

2015 ◽  
Vol 16 (2) ◽  
Author(s):  
Benjamin Straumann
Keyword(s):  
Early Modern ◽  
Human Nature ◽  
Contract Law ◽  
Property Law ◽  
Private Law ◽  
God's Will ◽  
Legal Obligations ◽  
Perfect Duties ◽  
Hugo Grotius ◽  
Important Idea

AbstractMy Article seeks to explore a few antecedents of the idea that sovereignty may be encumbered with some obligations and duties vis-à-vis non-sovereigns and even strangers. Theories about limitations on sovereignty and obligations on the part of sovereigns often arose out of the fertile conceptual ground of Roman private law, in particular rules of property law governing usufruct and rules of contract law, such as those governing mandate. Early modern thinkers, especially Hugo Grotius (1583-1645), built on these ideas and, in addition, developed an account of moral and legal obligations arising, independently of God’s will, from a universal human nature. Building on Cicero, Grotius was among the first early-modern thinkers to elaborate the distinction between “perfect” duties of justice and “imperfect” duties of beneficence, an important idea that had wide influence through the work of Emer de Vattel (1714-1767). The Article closes by offering a few observations on the trajectories within which Professor Benvenisti’s concept of “sovereigns as trustees of humanity” could be situated.

scholarly journals Transfer of property based on property law rules and contract law rules under forthcoming Kosovo draft-civil code

2021 ◽  
Vol 42 (1) ◽  
pp. 151-165
Author(s):  
Haxhi Gashi ◽  
Bashkim Preteni
Keyword(s):  
Civil Law ◽  
Contract Law ◽  
Civil Code ◽  
Property Law ◽  
Transfer System ◽  
Abstract System ◽  
Causal System ◽  
The Law

In most civil law jurisdictions, the contract is the most used derivative title for the transfer of ownership (movable and immovable property). Very often, the law of property and law of contract are seen as distinct and one can envisage their role from different legal perspectives. This is closely connected with the type of transfer system based on whether the (Austrian) causal system, (German) abstract system or (French) consensual system is applicable. Kosovo is in the process of civil law codification and the Kosovo Draft-Civil Code which has followed the application of the causal system of transfer of property and such an above mentioned interaction of these two branches of civil law is mandatory, and only with a common survey can the contractual transfer of property be illustrated. The aim of this paper is to focus solely on the influence of contract law rules in connection with the acquisition of ownership over movable and immovable property determined by Kosovo Draft-Civil Code.

The relationship between contract law and property law

2020 ◽  
Vol 49 (1) ◽  
pp. 31-55
Author(s):  
Lutz-Christian Wolff
Keyword(s):  
General Property ◽  
Contract Law ◽  
Property Law ◽  
Formal Rationality ◽  
The Relationship ◽  
Practical Implications

It is commonly understood that contract law and property law are different areas of law which address different issues. This article departs from this conventional position in a rather radical way by arguing that the conclusion, amendment, and termination of contracts are in fact property law transactions and that the strict divide between contract law and property law is therefore not justifiable. It demonstrates theoretical and practical implications as contract law must be redefined and aligned with the general property law framework to avoid inconsistencies and thus the violation of the notion of formal rationality.

Concurrent Liability in Contract and Intellectual Property Law: Licensing Agreements in Light of Case C-666/18 IT Development SAS

2020 ◽  
Vol 69 (10) ◽  
pp. 989-997
Author(s):  
Jens Schovsbo ◽  
Thomas Riis
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Contract Law ◽  
Basic Question ◽  
Copyright Holder ◽  
Property Law ◽  
Eu Law ◽  
Freedom Of Choice ◽  
Intellectual Property Law ◽  
Starting Point

Abstract It is the starting point in some jurisdictions that if a licensing agreement has been breached, the licensor may choose to establish their claims against the licensee on the basis of either contract or intellectual property law. This article argues that such a starting point should not be upheld. Not least because of developments in EU law, the intellectual property rights (IPR) system contains special remedies and procedures, which systematically and unilaterally benefit one of the parties to a contract, viz. the rightholder (licensor). The ability to have recourse against a contractual party via IPR instead of contract law ought to be limited as far as possible, i.e. restricted to those instances where this is prescribed by law. In the recent judgment of the CJEU, C-666/18 IT Development SAS, the Court held that a copyright holder/licensor must be able to rely on the remedies and procedures of the Enforcement Directive (IPRED). Consequently, freedom of choice between contract and IPR law is guaranteed in this respect. It is notable that this judgment deals exclusively with IPRED and does not have any broader effect in relation to the basic question of choice between contract and IPR law outside of the scope of the IPRED. Therefore, freedom of choice could still be limited, and licensees shielded against the special remedies and procedures which are at rightholders’ disposal outside of the IPRED.***

1. Introduction

Property Law ◽  
2021 ◽  
pp. 1-3
Author(s):  
Mark Richards
Keyword(s):  
Contract Law ◽  
Property Law ◽  
Land Law ◽  
Property Ownership

Property Law and Practice (PLP) covers all aspects of the process that is otherwise called conveyancing. It is how practitioners arrange the transmission of property ownership from seller to buyer. This introductory chapter provides an overview of PLP. Specifically, it explains the three foundations upon which PLP rests: land law, contract law, and trusts.

1. Introduction

2019 ◽  
pp. 1-2
Author(s):  
Robert Abbey ◽  
Mark Richards
Keyword(s):  
Contract Law ◽  
Property Law ◽  
Land Law ◽  
Property Ownership

Property Law and Practice (PLP) covers all aspects of the process that is otherwise called conveyancing. It is how practitioners arrange the transmission of property ownership from seller to buyer. This introductory chapter provides an overview of PLP. Specifically, it explains the three foundations upon which PLP rests: land law, contract law, and trusts.

Substance of Medieval Roman Law

2018 ◽  
Author(s):  
Thomas Rüfner
Keyword(s):  
Legal Framework ◽  
Contract Law ◽  
The Other ◽  
Roman Law ◽  
Property Law ◽  
Late Medieval ◽  
Legal Personality ◽  
Vicarious Liability ◽  
Chattel Slavery ◽  
Law Of Succession

The medieval jurists had to adapt the rules of ancient Roman law to the needs of their time. Not all these adaptations can be viewed positively. Justinianic law provided the legal framework for the late medieval resurgence of chattel slavery. Serfdom was also accommodated within the Roman law of persons. On the other hand, restrictions on the ability of women to participate in business were relaxed. A theory of legal personality was developed. In property law, the jurists conceptualized feudal tenure as a form of quasi-ownership. The renaissance of the Roman testament transformed the law of succession. The elaboration of a doctrine of change of circumstances was an important step in the development of contract law. The scope of delictual liability was enhanced and the groundwork for a theory of vicarious liability was laid. Despite grave blemishes, the modernization of Roman law is a remarkable achievement of the medieval jurists.

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