Selected Cases on the Law of Sales of Personal Property

The authors trace the chaotic growth of non-consensual security interests in personal property. Rules governing non-consensual security interests are analyzed and shown to have developed in an inconsistent and unpredictable manner. The authors set out a framework to resolve the priority contests between security interests governed by the Personal Property Security Act and non-consensual security interests. Ultimately, the authors call for reform to this area of the law, similar to that which occurred to chattel security law with the advent of the Personal Property Security Act, so as to create some degree of predictability in the area.

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The Law of Personal Property Security. By Hugh Beale, Michael Bridge, Louise Gullifer and Eva Lomnicka. [Oxford: Oxford University Press. 2007. lxxviii, 845 pp. Hardback £195.00. ISBN 9780199283293.]

The Cambridge Law Journal ◽

10.1017/s0008197307001006 ◽

2007 ◽

Vol 66 (3) ◽

pp. 720-724

Author(s):

Look Chan Ho

Keyword(s):

Personal Property ◽

Oxford University ◽

The Law ◽

Oxford University Press

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26. What is land?

Textbook on Land Law ◽

10.1093/he/9780198809586.003.0026 ◽

2018 ◽

Author(s):

Judith-Anne MacKenzie ◽

Aruna Nair

Keyword(s):

Hydraulic Fracturing ◽

Practical Approach ◽

Land Law ◽

Personal Property ◽

The Law ◽

Definition Of

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the definition of ‘land’. It covers the statutory definition; earth, minerals, buildings, and fixtures; hereditaments; real and personal property; and flying freehold. It also addresses hydraulic fracturing (fracking). The chapter concludes with some remarks about a practical approach to land law.

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Principles of the Law of Personal Property. By the late Joshua Williams, Q.C. Eighteenth edition, by T. Cyprian Williams, LL.B., one of the Conveyancing Counsel to the Court, assisted by W. J. Byrne, B.A. Sweet & Maxwell, Ltd.1926. £1 10s. net.

The Cambridge Law Journal ◽

10.1017/s0008197300111894 ◽

1926 ◽

Vol 2 (3) ◽

pp. 415-415

Author(s):

D. T. O.

Keyword(s):

Personal Property ◽

The Law

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29. What is land?

10.1093/he/9780198748373.003.0029 ◽

2016 ◽

Author(s):

Judith-Anne MacKenzie

Keyword(s):

Hydraulic Fracturing ◽

Practical Approach ◽

Land Law ◽

Personal Property ◽

The Law ◽

Definition Of

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the definition of ‘land’. It covers the statutory definition; earth, minerals, buildings, and fixtures; hereditaments; real and personal property; and flying freehold. It also addresses hydraulic fracturing (fracking). The chapter concludes with some remarks about a practical approach to land law.

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Part VII Security, 32 Security Over Intangibles

10.1093/law/9780198748434.003.0032 ◽

2018 ◽

Author(s):

Smith Marcus ◽

Leslie Nico

Keyword(s):

Personal Property ◽

English Law ◽

The Law

This chapter studies security over intangibles. Security over pure intangibles can only be created by way of mortgage or equitable charge. However, before examining the particular practical demands that are made of the law of security, it is necessary to begin with a consideration of the various forms of security over personal property recognized by English law. English law recognizes four forms of consensual security over personal property: the pledge; the lien; the mortgage; and the charge. Of these, the pledge and the lien are classified as possessory securities, while the mortgage and the charge are non-possessory securities. This distinction is of great importance, for a possessory security cannot be asserted over choses in action, for the simple reason that it is not possible to take physical possession of intangible property.

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Protecting Interests of Animals in Custody Disputes: Italian Caselaw Outpaces Italian and European Union Legislation

Society and Animals ◽

10.1163/15685306-00001731 ◽

2020 ◽

pp. 1-18

Author(s):

Paola Fossati

Keyword(s):

Companion Animals ◽

Case Law ◽

Best Interest ◽

Personal Property ◽

Italian Case ◽

Nonhuman Animals ◽

Custody Disputes ◽

Unique Nature ◽

European Union Legislation ◽

The Law

AbstractPeople who live with pets (companion animals) in many cases see their pets as family members. Yet, in the eyes of the law, pets are still considered personal property. This is relevant to pet custody matters that may arise at the time of divorce or separation; pets fall within divorce financial proceedings. However, they have the unique nature of living and sentient property, which has interests. In this perspective, the best interest of the nonhuman animal should always be taken into account. Nonetheless, the law lacks definitive standards, and the ways in which courts construe contractual disputes involving nonhuman animals that relate to custody disputes in marital or other relationships do not always take into consideration the unique nature of this living and sentient property. This article provides an examination of the current Italian legal system and of Italian case law related to this matter.

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